Jump to content
Sign in to follow this  
haagen_dazs

Will I be able to visit USA if I overstayed for 3 mths in USA ?

48 posts in this topic

Recommended Posts

I would like to get some insights

I was laid off my job in mid April 2010.

My employer told me that my H1B will probably be stopped soon after.

I stayed around to look for a job and then left in August 2010.

Assuming it took about 1 mth for immigration to be informed that my H1B is stopped, I would have overstayed for about 3 months.

It is now Feb 2011 (6 mths after).

I need to return to USA for a short visit for about 1 week end Feb 2011.

I am representing my school in a MBA case competition and will fly to LAX.

I assume I will just enter as a tourist (get the white form at immigration?)

Will I have problems re-entering the USA?

Thanks

Share this post


Link to post
Share on other sites

What country are you from?

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites

thanks for the question

i forgot to mention that

i am from Singapore and do not need a visa to enter USA as a tourist.

i overstayed for ~3mths as i had to tie up the loose ends, (everything was too sudden) and get out of the USA.

thanks

Share this post


Link to post
Share on other sites

The overstay of a visa may triger a bar on use of VWP to visit the use, and may be required to apply for a tourist visa by filing a DS-160 to the US consulate.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Share this post


Link to post
Share on other sites

The overstay of a visa may triger a bar on use of VWP to visit the use, and may be required to apply for a tourist visa by filing a DS-160 to the US consulate.

how do i know if i need to apply for a tourist visa?

Share this post


Link to post
Share on other sites

To use the VWP you need ESTA pre clearance.

With such an immigration violation you are very unlikely to get it, even with it you might have issues at the PoE.

So chances are that you will need a B2, which may be difficult, but you can only try and see.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

To use the VWP you need ESTA pre clearance.

With such an immigration violation you are very unlikely to get it, even with it you might have issues at the PoE.

So chances are that you will need a B2, which may be difficult, but you can only try and see.

do i need these visas and paperwork even if my country does not require a tourist visa to visit USA on a normal basis?

this is for an overstay / out of status of less than 180 days

Edited by haagen_dazs

Share this post


Link to post
Share on other sites

VWP allows some people of your nationality to use it, not everybody.

If you have issues, a criminal past, US Immigration Violations etc you are unlikely to get ESTA clearance. Have you completed ESTA?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

You can check with ESTA here: http://www.cbp.gov/xp/cgov/travel/id_visa/esta/


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Share this post


Link to post
Share on other sites

VWP allows some people of your nationality to use it, not everybody.

If you have issues, a criminal past, US Immigration Violations etc you are unlikely to get ESTA clearance. Have you completed ESTA?

Hi I have not completed ESTA.

I am actually not familiar and am looking and reading up on ESTA.

For the last 10 years, I have always entered USA via F1 and H1B so I am not up to date with these things since I am now wanting to enter USA simply as a tourist.

So if I apply for the ESTA and I get accepted,then it says i will be inspected at customs.

If I apply and am rejected, do i have to apply for a visa even though Singaporeans do not need visa to enter USA?

Share this post


Link to post
Share on other sites

Hi I have not completed ESTA.

I am actually not familiar and am looking and reading up on ESTA.

For the last 10 years, I have always entered USA via F1 and H1B so I am not up to date with these things since I am now wanting to enter USA simply as a tourist.

So if I apply for the ESTA and I get accepted,then it says i will be inspected at customs.

If I apply and am rejected, do i have to apply for a visa even though Singaporeans do not need visa to enter USA?

Again Canadian, British, people from Europe also don't need visas to visit the USA, even Mexicans don't need visas, however, IF they have something on their record that makes them inadmissible to visit on Visa waiver, they too WILL need a visa. And overstay of a visa makes people inadmissible under the VWP to visit the USA.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Share this post


Link to post
Share on other sites

Mexicans do need visa's.

Some Europeans as well.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

hi all

thanks so much for helping me out

alright so i just paid the 14USD and it says i am approved

so now what?

"Authorization Approved

Your travel authorization has been approved and you are authorized to travel to the United States under the Visa Waiver Program. This does not guarantee admission to the United States; a Customs and Border Protection (CBP) officer at a port of entry will have the final determination."

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...