2 days ESTA overstay

[Dutchster 1,106]

1 minute ago, Boiler said:

She does not have a visa, that is the point, needs to apply for one.

I made a typo at first saying visa instead of esta. What I'm trying to say it, because OP thinks it shouldn't matter he overstayed 2 days (at least, that's what I'm getting out of his story), that he can try to enter with his current ESTA again but the officer will see he overstayed and therefore will send him back home.

[Boiler 43,391]

7 minutes ago, Dutchster said:

I made a typo at first saying visa instead of esta. What I'm trying to say it, because OP thinks it shouldn't matter he overstayed 2 days (at least, that's what I'm getting out of his story), that he can try to enter with his current ESTA again but the officer will see he overstayed and therefore will send him back home.

No she can not, please read the whole thread. No longer has a valid ESTA.

[Unidentified 2,930]

4 minutes ago, Dutchster said:

I made a typo at first saying visa instead of esta. What I'm trying to say it, because OP thinks it shouldn't matter he overstayed 2 days (at least, that's what I'm getting out of his story), that he can try to enter with his current ESTA again but the officer will see he overstayed and therefore will send him back home.

I am not an expert but considering OP filed for AOS it might be that OP's ESTA privileges has been revoked. OP would have to apply for a new one and it would be denied. 

[geowrian 22,335]

4 minutes ago, Unidentified said:

I am not an expert but considering OP filed for AOS it might be that OP's ESTA privileges has been revoked. OP would have to apply for a new one and it would be denied. 

Actually it's the overstay that has the immediate impact on their ESTA. That requires them to reapply, and they would no longer qualify. Although, filing for AOS makes the ability to actually enter on an ESTA or get a tourist visa much more difficult (if they had no overstay).

Edited July 25, 2017 by geowrian

[Unidentified 2,930]

6 minutes ago, geowrian said:

Actually it's the overstay that has the immediate impact on their ESTA. That requires them to reapply, and they would no longer qualify. Although, filing for AOS makes the ability to actually enter on an ESTA or get a tourist visa much more difficult (if they had no overstay).

That is why I said the AOS might have revoked her ESTA. Then on the new application she'd be denied because of the overstay?

[Boiler 43,391]

4 minutes ago, Unidentified said:

That is why I said the AOS might have revoked her ESTA. Then on the new application she'd be denied because of the overstay?

AOS is irrelevant. 

[Unidentified 2,930]

Just now, Boiler said:

AOS is irrelevant. 

Okay. Thanks. 

[geowrian 22,335]

5 minutes ago, Unidentified said:

That is why I said the AOS might have revoked her ESTA. Then on the new application she'd be denied because of the overstay?

Nope. If the OP never overstayed, they would still be permitted to use their same ESTA. Now remember that ESTA is only a "pre-clearance"...it doesn't grant entry. The CBP officer would still have to assess intent, and with a recent AOS application I wouldn't be surprised if they determined immigrant intent.

 

"A new travel authorization may be required in any of the following circumstances:

• The traveler is issued a new passport
• The traveler changes his or her name
• The traveler changes his or her gender
• The traveler's country of citizenship changes; or
• The circumstances underlying the traveler's previous responses to any of the ESTA application questions requiring a "yes" or "no" response have changed."

The bolded line is the one requiring a new ESTA application after an overstay.

[Unidentified 2,930]

1 minute ago, geowrian said:

Nope. If the OP never overstayed, they would still be permitted to use their same ESTA. Now remember that ESTA is only a "pre-clearance"...it doesn't grant entry. The CBP officer would still have to assess intent, and with a recent AOS application I wouldn't be surprised if they determined immigrant intent.

 

"A new travel authorization may be required in any of the following circumstances:

• The traveler is issued a new passport
• The traveler changes his or her name
• The traveler changes his or her gender
• The traveler's country of citizenship changes; or
• The circumstances underlying the traveler's previous responses to any of the ESTA application questions requiring a "yes" or "no" response have changed."

The bolded line is the one requiring a new ESTA application after an overstay.

Thank you for the explanation! I'm learning new stuff here everyday!  Great to actually get an explanation and not just a "AOS is irrelevant". Makes it easier in the future if the same situation comes up in the future and I can actually explain why to that person. 

[mcdull 474]

18 hours ago, Michal K. said:

Guys it's all shoulda woulda coulda, and I see no substance in what you write, one thread contradicts another. My original intent was not to stay and adjust, I came with one suitcase and I never wanted to live in this country! There are better places for Europeans. Honestly. I was convinced by my spouse as he makes a substantial amount and we figured we could do it from within the country while being able to be together. 

Wellif the immigration law in my case states I committed a fraud or crime by overstaying my esta while aod was filed but had to leave due to abuse... then yes this and many other laws are flawed in the USA! After all I left the usa with two days overstay of esta that hypothetically was overridden by the pending application of bloody adjustment. Where is sense in all of this? I'm permitted to stay on esta if I file aod but should the circumstances change and I get beat up by my relative my departure will be considered overstaying my esta. Any immigration lawyer on here? Or is it just your logical conclusions ? Cos my logic is as above. 

 

what a state! g

 

 

thanks guys

No, the law makes perfect sense to me.  You are in theory not allowed to enter on ESTA and having the intention to adjust status. However, the door to AOS for ESTA entrants is open because ESTA entrants are permitted AOS should they had a change of heart AFTER entering the US. It is hard for USCIS to prove your intent upon arrival.

 

You are granted temporary status stay status pending adjudication of your AOS application, that status doesn't allow you to leave to enter unless you are granted an advance parole document.

 

If you left the US while your AOS is pending without obtaining an advanced parole document, then you are deemed by USCIS to have abandoned your AOS, any temporary status you had because of a pending application cease to exist.

 

You may not use ESTA again, and applying for a B2 visa would be difficult because by filing an AOS, you're deemed to have immigration intent.

 

Straighten out your relations with the husband and apply for CR1, or I don't know recourses may be available to you.

[Dutchster 1,106]

1 hour ago, Unidentified said:

I am not an expert but considering OP filed for AOS it might be that OP's ESTA privileges has been revoked. OP would have to apply for a new one and it would be denied. 

 

1 hour ago, Boiler said:

No she can not, please read the whole thread. No longer has a valid ESTA.

Y'all are missing my point lol. I know that, but OP seems to think he/she can still enter the US with the ESTA even with a two day overstay (quote; " this have an impact on my future travels to the USA or considering my good history of timely visits this will be overlooked.") even though everyone is advising to pursue a visa now that the ESTA is no longer valid to use as he/she broke the agreement of 90 days. OP then goes in with this; " Where is sense in all of this? I'm permitted to stay on esta if I file aod but should the circumstances change and I get beat up by my relative my departure will be considered overstaying my esta." So all I said was, well you can try (not possible but I was just being a smartass) but you will be turned away by customs for not having a valid ESTA because of the overstay.

Edited July 25, 2017 by Dutchster

[az2014 381]

All the talk of ESTA is pointless, as the OP is no longer eligible to travel under the VWP, for life.

[Unidentified 2,930]

Just now, az2014 said:

All the talk of ESTA is pointless, as the OP is no longer eligible to travel under the VWP, for life.

Yeah, we've established that....

[mcdull 474]

 OP needs to understand, being admitted to a foreign country is a privilege, not a right. 

[Crazy Cat 39,177]

 

To summarize what I've gleaned from everyone except the OP:

1.  OP Overstayed VWP

2.  Intended to immigrate after marriage

3.  Departed from US after #1

 

Sounds like a very, very small chance of OP legally entering US in the foreseeable future.