Overstaying with Tourist visa

[syan1116 0]

I guess my grandson should apply VWP to see If he is eligible to be sure before I buy him a ticket. He was not on VWP before. There wan't such thing as VWP in 2009 when he came, by the way. He had a tourist visa on his passport.

[aaron2020 11,651]

Clear enough?

Duh!!!

We are talking about reapplying for ESTA. Clear enough?

We are not talking about someone who overstayed And then tried using VWP again without going through ESTA. Clear enough?

[aaron2020 11,651]

I guess my grandson should apply VWP to see If he is eligible to be sure before I buy him a ticket. He was not on VWP before. There wan't such thing as VWP in 2009 when he came, by the way. He had a tourist visa on his passport.

Apply for ESTA first.

Please come back with your results. You will either confirm Boiler is correct or I am. The answer will help someone else with a similar problem.

[Boiler 43,429]

Electronic System for Travel Authorization (ESTA)[edit]

Main article: Electronic System for Travel Authorization

All incoming passengers who intend to take advantage of the Visa Waiver Program are required to complete the I-94W form online before departure to the United States, but preferably at least 72 hours (3 days) in advance. This new requirement was announced on June 3, 2008 and is intended to bolster U.S. security by pre-screening participating VWP passengers against terrorist and/or no-fly lists and databases.^[87] The electronic authorization, which is valid for a two-year period,^[88] mirrors Australia's Electronic Travel Authority system. The authorization is mandatory for participating VWP citizens before boarding flights destined to the United States, but as with formal visas this does not guarantee admission into the United States since final admission eligibility is determined at U.S. ports of entry by CBP officers.

According to the U.S. Department of Homeland Security's ESTA fact sheet:

An approved ESTA travel authorization is:

• valid for up to two years or until the traveler’s passport expires, whichever comes first;

• valid for multiple entries into the U.S.; and

• not a guarantee of admissibility to the United States at a port of entry. ESTA approval only authorizes a traveler to board a carrier for travel to the U.S. under the VWP. In all cases, CBP officers make admissibility determinations at our ports of entry. (For additional information, please visit “Know Before You Go” at www.cbp.gov/travel.)

Currently all travelers from VWP countries are required to obtain an ESTA approval prior to boarding a carrier to travel by air or sea to the United States under the VWP.

[89]

Passport validity[edit]

The standard requirement for passport validity is 6 months beyond the expected date of departure from the United States. However, the US has signed agreements with a number of countries to waive this requirement.^[90]

Return or onward ticket[edit]

If entering the United States by air or sea, additional requirements apply. The traveler must:

• Be traveling on a participating commercial carrier and;
• Be holding a valid return or onward ticket. Where the ticket terminates in Canada, Mexico, Bermuda or an island in the Caribbean, the traveler must be a legal resident of that country or territory.

Other eligibility requirements[edit]

Applicants for admission under the visa waiver program:

• Must have complied with the conditions of all previous admissions to the United States.;
• Must never have been convicted of, or arrested for, an offense or crime involving moral turpitude (there is an exemption in some cases for a single offence committed before age 18 and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than five years before the date of application for a visa, and also for a single instance if the maximum possible sentence in the U.S. is one year or less in jail, and less than six months was served. However these exceptions cannot be applied by the individual as the question on ESTA is specific) or a "controlled substance," or (two or more) crimes with a maximum aggregate sentence of five years' imprisonment or more, no matter how long ago. National regulations which normally expunge criminal records after a certain length of time (e.g. the Rehabilitation of Offenders Act 1974 in the UK) do not apply.
• Must not be otherwise inadmissible to the United States, such as on health or national security grounds;
• Must be intending to visit the United States for a purpose of transit, tourism, or a short term business visit. Journalists and their accompanying staff cannot use the visa waiver scheme to file and work on news reports for their news organisations from the United States and must instead apply for an I visa.
• Starting from 8 September 2010, a fee of USD $14 is collected. This is payable by credit/debit cards online only, in advance of travel.

Those who do not meet the requirements for the visa-waiver scheme must obtain a U.S. tourist visa from an American embassy or consulate.

Having been arrested or convicted does not in itself make a person ineligible to use the visa waiver scheme. You are only ineligible if you do not meet the requirements of the scheme. However, some U.S. embassies advise such persons to apply for a tourist visa even though there is no legal obligation for the individual to do so. There is no right of appeal if an immigration officer decides to refuse entry, unless you hold a visa when an appeal can be made to an immigration judge.

Those previously refused entry to the United States are not automatically ineligible for the visa waiver program, but unless the reason for refusal is addressed, it is likely to reoccur. Hence again, many embassies advise such persons to apply for a tourist visa.