Good day to everyone here helping. I have a situation and its been blogging my mind for the past 2 years nearly. I overstayed my vwp by 28 days in april 2004, I have come back to my country and contined with my life interms of work and normal duties, I would like to vist the USA and I know it will show up def def thatI overstayed and in this siituation will I need a waiver or i heard if its less than 6 months , then you dont need a visa but you just need to apply for a visa and show proff of ties. which I have, i need help.

If you overstayed less than 6 months, I believe that you are banned from the US for 1 year. But since you have already been in your own country around 2 yrs, that ban is now lifted.

You still have to get the tourist visa in order to visit the US again though and show proof of ties to your country and you have that, so there should not be a problem

Contact the US embassy and they'll let you know what to do.

thank you for this advice, I consulted a lawyer and he told me that number 1 i need to check my records in the usa, ie with the usics, and number 2 with the fbi plus after then we will know what waiver to apply for based on the information they hold. I was not in trouble with any one when i was in the usa, nothing so I guess they wouldnt have.

thanks again

Overstays of 180 days but less the one year are barred from reentering for 3 years.

Overstays of more than one year are barred from reentering for 10 years.

You have invalidated your VWP option. US Immigration will not let you reenter the US under a VWP. You will need to apply for a B2 visitors visa.

no more vwp-but you should not have any sort of ban.

you just need a visa to enter the US