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

[Aztec&Taino 144]

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.

LOL! This was so wrong it was funny! The amount of undocumented (or illegal) persons from Mexico would increase in exponential proportions if your statement were true! YuAndDan, your advice is usually accurate but this was definitely wrong. Mexicans do needs visas to enter the US, they cannot simply use their passports to come to the USA.

[Channah&Aaron 51]

; You WILL NOT be able to re-enter the US when you overstayed your former Visa.

You have to apply for a B2, a multiple entry visa.

I also have a B2 visitor visa, not because I overstayed, but I my entry got denied last May because I couldn't prove strong ties (I went to the US couple of times before, never brought any documents and then I flew thru different airport, I got denied ).

However, just call the nearest American Embassy/Consulate and make an appointment for an interview. It will take between 1 or 2 months before you have your interview. In the mean time, collect all kind of evidence to show you have VERY STRONG ties to your home country.

If you're interview (B2) gets approved, you'll receive your visa within 5 work days. Although it's not garanteed you actually come in the US, you will always go for a secondary security check (it's standard procedure most of the time), and you also have to prove them them you dont intend to stay.

Good luck

[Channah&Aaron 51]

; That you paid $14,00 doesn't mean anything. If you only had to pay that small amount of money, than a lot of people that have had overstayed could easily visit the US without any problems. Overstaying is a RED FLAG!! Trust me, the best thing is to aply for a visitor visa.

Though, you didn't run into problems when leaving the country?

Edited February 13, 2011 by Channah&Aaron

[jlisakay 2]

Even UK personal need ETSA

[RICARDO4EVA2 194]

Mexicans do need visa's.

Some Europeans as well.

i was thinking that Mexicans if any other country.

[coraliesolms 47]

Well, the overstay was less than 180 days, and there is a valid explanation for it. However, nothing is ever 100% assured. You could go through your POE and they MIGHT ask about it, and you will tell them the truth, and then they MIGHT let you in. It all depends on the person you are dealing with.

Nobody here can give you the reassurance you are looking for. However, I do suggest you start pulling together any documentation of ties to singapore. College payments, rent leases, letter from employer stating the day you are expected back, car payments.. anything that shows you are definately going to go back to Singapore.

Even then though, they could still say thanks but no thanks, go back home.... The only way you will know for SURE, is to try.

[Used to be broken 143]

; You WILL NOT be able to re-enter the US when you overstayed your former Visa.

You have to apply for a B2, a multiple entry visa.

I also have a B2 visitor visa, not because I overstayed, but I my entry got denied last May because I couldn't prove strong ties (I went to the US couple of times before, never brought any documents and then I flew thru different airport, I got denied ).

However, just call the nearest American Embassy/Consulate and make an appointment for an interview. It will take between 1 or 2 months before you have your interview. In the mean time, collect all kind of evidence to show you have VERY STRONG ties to your home country.

If you're interview (B2) gets approved, you'll receive your visa within 5 work days. Although it's not garanteed you actually come in the US, you will always go for a secondary security check (it's standard procedure most of the time), and you also have to prove them them you dont intend to stay.

Good luck

Is this answer based on something specifically you read regarding this or a guess?

I thought USCIS was pretty much aware of the issues of suddenly terminated H1B's and is a bit flexible in letting the folks clear out. My hearing of this story is very plausible and based on the fact he/she left without incurring a lengthy overstay and returned to his/her own country is pretty good evidence the individual is attempting to comply with the spirit of the law.

Maybe a bit more research and find out if there is an actual bar to VWP program or its completely up to CPB's discretion. I think the ESTA thing is a good sign, and with the correct proof of ties to home country it might be a non-issue with them. They are much less strict with this on non-immigrant VISA's if there is no actual bar or any proceedings and the entry and exits are consistent with business or tourist purpose and the "big picture" makes sense.

Edited February 13, 2011 by brokenfamily

[sciencenerd 56]

You need to apply for a B2 - it seems likely you'd get approved if you are enrolled in school and can prove you're just coming to the US for a week as part of your studies. If you go with the VWP, you are essentially affirming that you have never overstayed before. Even if they don't catch it this time, it could cause trouble in the future. It may be considered misrepresentation since by using the VWP, you are representing yourself as someone who has never overstayed. This could keep you from being able to get future visas and/or permanent residency if life takes you that way. You are not eligible for VWP, simple as that. You're still not eligible even if you successfully travel on it - that is just an error on their part. You are the one responsible for following the rules and this could cause serious problems down the road. You didn't overstay long enough to get a ban, so just apply for the visa. Good luck.

[Boiler 43,401]

ESTA gets you on the plane.

I have never had to complete ESTA, I take it that it does not ask whether you have been out of status. Or words like that?

Perhaps the H1B termination date never got linked up with your file and departure date.

[Used to be broken 143]

I would like to get some insights

Will I have problems re-entering the USA?

Thanks

H1B Issues

[Channah&Aaron 51]

; Yes, I can confirm this based on 2 persons I met.

They both worked abroad for 3 years. They had to apply for work permit visa. After their visa was expired and didn't apply for a new one, they overstayed for 1.5 month.

They left the country. But both weren't able to re-enter the US, one has a 2 year ban, the other had to apply for a B2 Visa.

Esta can put you on the plane, that's it, but when you come on American ground and they see you overstayed, they will put you on the next plane back and you also have to apply for B2 visa. It would be a waste of time, energy and money.

So, again, best way is to apply for B2 visa. That will get you further than going back to the US without the good papers, which would be very nerve-wracking.

Edited February 13, 2011 by Channah&Aaron

[Channah&Aaron 51]

Without knowing how long you overstayed your status in the US, it is difficult to know what your rights are in terms of returning to the US. Generally if you overstayed in the US for 180 days or more, you are are subject to an automatic 2/5/10 bar. If you subsequently apply for a US Visitor Visa (B-1/B-2), you have to disclose on the application form your overstay in the US. If you fail to do so, you could be charged with misrepresentation and be subject to a 5 year bar or more. However, there is hope! If you are subject to an overstay bar, you can still apply for a Waiver of inadmissibility to the US and be admitted despite your overstay in the US. The US Waiver process would delay your US Visa application but it is often the solution for applicants with prior immigration violations.

[Barbara J 115]

ESTA gets you on the plane.

I have never had to complete ESTA, I take it that it does not ask whether you have been out of status. Or words like that?

Perhaps the H1B termination date never got linked up with your file and departure date.

NO Boiler the ESTA does not ask questions like that. Asks have you ever been denied a visa and all the criminal questions eg: drugs, terrorism and so on.

Welcome to the Electronic System for Travel Authorization Web Site.

International travelers who are seeking to travel to the United States under the Visa Waiver Program (VWP) are now subject to enhanced security requirements and will be required to pay an administrative fee. All eligible travelers who wish to travel to the U.S. under the Visa Waiver Program must apply for authorization and then pay the fee using the following process:

Skip to content

Step 1

Complete Your Application

→ Step 2

Submit Your Application

→ Step 3

Record Your Application Number

→ Step 4

Make Payment

→ Step 5

View Your Application Status

Please refer to the <a target="_help" tabindex="8" href="https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm">Help link at the top of each Web page if you have questions.

Before you begin this application, make sure that you have a valid passport and credit card available. This application will only accept the following credit cards: MasterCard, VISA, American Express, and Discover (JCB, Diners Club).

Please provide all responses in English. Mandatory fields are indicated by a red asterisk *.

Apply for an Authorization to Travel to the United States

Select this option if:

• You are a citizen or eligible national of a Visa Waiver Program country.
• You are currently not in possession of a visitor's visa.
• Your travel is for 90 days or less.
• You plan to travel to the United States for business or pleasure.

Which countries participate in the Visa Waiver Program?

What information do I need to complete the application?

What are the passport requirements for travel under the Visa Waiver Program?

Update or Check the Status of a Previously Submitted Authorization to Travel to the United States

Select this option if:

• You previously submitted an application for an electronic travel authorization and you want to perform one of the following:
  • Determine the status of your travel authorization application.
  • Update your travel authorization application.
  • You saved your application information and want to return to it to pay the fee.

What information can I update? Please provide the following information about your application:

Application Number * Enter the application number that was assigned to your application by the system when you applied for your travel authorization. The application number is required to update or check the status of your application.

Birth Date Day * -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Choose the day on which you were born. The day of birth is required to complete the application or to check the status of your application.

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If you are missing your Application Number, please click here.

[Boiler 43,401]

That could be a bit nasty, sounds like you could taking an extreme case have a 10 year ban for overstaying and you could get a clean ESTA. Logically they should pick it up and refuse the ESTA, but that is probably asking too much.

Turn up at the PoE and they look at their screen and ooops.

[juliava 80]

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."

Logically, the only thing left to do is to give it a shot. The temptation is obviously there. good luck!

Edited February 14, 2011 by juliava