Staying more than 3 months ..

[toshjoshtt 0]

Hi everyone

This is my situation :

In 2007 ( october) I went to usa with my passport only ( i am from france, so I didnt need visa)

So i was allowed to stay 90 days in usa. But I got some problems which made me delay my return.

I stayed around 60 days more there. Once I got money for the return ticket by a friend, I went back to france by myself ( I mean I wasn't caught or something and left usa without problem)

At the airport, the "cop" noticed I didnt got visa for that extra period, she talked with her boss ( they were standing not far from me, then i saw her boss like " it's ok, let him go". so they gave me back my passport then no problem.

I am planning to go back to usa for few weeks, but I am scared I am listed somewhere in their system.

I am afraid of being not accepted at the usa border coz that period.

I sent an email to the embassy to get information which will give me official info.

I have read that the consequences of staying more 180 days illegaly would be 3 years. ( no visiting usa)

I am not in that situation, and it's more than 3 years now anyway.

Any people got a situation like that?

thank u guys

[Penguin_ie 5,994]

Once you overstay the Visa Waiver Program, you are no longer elligible to use it; you will need to apply for a B2 tourist visa.

Considering the relatively short overstay, you have a good chance of getting it, as long as you can demonstrate ties to France that will make you return.

[toshjoshtt 0]

thanks for your reply

i dont think u understood my post ( I even wonder if u read it lol )

but thanks again for your time

[N M 96]

thanks for your reply

i dont think u understood my post ( I even wonder if u read it lol )

but thanks again for your time

So someone takes time to reply and you respond like that??

Penguin is correct - you overstayed on the VWP, so you can no longer use the program and MUST apply for a tourist visa. See this link, (page 2, bottom left hand corner, penultimate bullet point)....

http://www.dhs.gov/xlibrary/assets/vwp_travelerguide.pdf

Whether or not anyone (agent/ cop/ check in clerk) noticed that you overstayed when you left the U.S. is irrelevant. The computer system will hold information about the overstay, so if you attempt to use the VWP again, it's highly likely that it would red flag this offence to a CBP agent at your point of entry.

[canadian_wife 1,823]

I, like Penguine, read your post and I agree with her. You overstayed your visa which means you no longer qualify for the VWP - regardless of how long ago it was.

Contact your consulate and begin the process for applying for a B2 visitors visa

Good luck

PS - no need to be rude, we are trying to help

[toshjoshtt 0]

I was not rude at all , i guess it depends how u read my message, i wa smiling while writting it

but my bad, i thought she said not to use the vwp to say over 90 days, like she thought i wanted to know if i could overstay.

thank u for your help all of u

I am checking the link

i hope it won't be hard to get that visa coz a stupid mistake

thanks again

[toshjoshtt 0]

I may have a question idiot now,

since few months, Tourists need an authorization (ESTA) , do you think It can help to know if there is a really problem?

I dont mean I want to risk, i will apply visa B2 , but just to know how it works

[N M 96]

I may have a question idiot now,

since few months, Tourists need an authorization (ESTA) , do you think It can help to know if there is a really problem?

I dont mean I want to risk, i will apply visa B2 , but just to know how it works

ESTA only applies for those using the visa waiver program. As you are ineligable for the VWP, ESTA is not relevant to you.

You need to apply for a tourist visa. The visa process might let you know where you stand (if there are any problems), but don't forget that even if it is issued, a visa never guarantees entry - you might still face a grilling from the agent at point of entry, in regard to your overstay.

[toshjoshtt 0]

ok ok

thanks for telling me the situation about the agent

yes they are scary and have too much power lol I Joke

but even if they have the right , i wouldn't understand why ppl gave me a visa if finally just one person thinks differently and doesn't care about ruining your day and money.

I guess that trip will be very stressful...

[NigeriaorBust 4,087]

You shouldn't even try to enter without a visa. You are not eligible and if you show up "claiming" you are then you are committing a misrepresentation and that means you are banned for life. No visa ever. Take the time and apply for a visa.

[toshjoshtt 0]

dont worry, it's not my intention to make worse my situation, i will treat them as a king lol

anyway I will apply that expensive B2 visa , hoping everything will be ok and accepted ...

thank u all for your help,

i should feel happy there is a solution after that illegal situation even if it will cost me 105 euros ...

thanks again