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

[VinhBao MyTam 3]

Are you even sure you overstayed your visa. Because you assumed it took a month so you overstayed by 3 months, but what if it took 5 months and you never overstayed?

[haagen_dazs 0]

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.

I have been reading up and just wanted to know if I will have problems since my potential overstay specifically is a range from from 0 to 4 mths max (less than 6 mths)

brokenfamily, coraliesolms : Yes you really understood my situation. Trying is probably the only answer.

Channah&Aaron : I am reading up and never read a 2/5/10 ban. Only 3/10. I am not sure where your source is. No i was left the country perfectly fine.

Are you even sure you overstayed your visa. Because you assumed it took a month so you overstayed by 3 months, but what if it took 5 months and you never overstayed?

That is true

So the range is 0 to max of 4 mths only.

I did my best to get out asap and it does take time.

[canadian_wife 1,791]

Just remember, if asked (verbally or in writing on the customs form) you'll need to tell the absolute truth. Failing to do so could result in a misrepresentation charge (trust me, they know already)

Good luck

[haagen_dazs 0]

Just remember, if asked (verbally or in writing on the customs form) you'll need to tell the absolute truth. Failing to do so could result in a misrepresentation charge (trust me, they know already)

Good luck

thanks for the advice

they may ask to test me at the point of entry right?

well i will just explain the situation and hope like crazy they will be forgiving and gracious...

[leahandlucas 15]

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?

LOOK for the MILLIONTH TIME. If YOU YOURSELF KNOW that you have OVERSTAYED 3 MONTHS even if it was to tie up loose ends, you will need a B1/B2 visa PERIOD. It DOESNT MATTER if you are from Singapore...thats the LEAST of their worries. THEIR worry would be if you overstayed. FILL OUT the ESTA form and then SEE if you need a B1/B2 visa

Its like you keep wanting us all here to tell you what you would LIKE to hear and not what you NEED to hear...

[Boiler 43,434]

He filled in the ESTA, he got it.

[Zero Sum 305]

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.

Indeed. Better go the B visa route. If they ask about the overstay, definitely be honest and do mention you lost your job due to what was likely the economy being what it was. That MIGHT generate some sympathy. But nobody ever knows.

[Zero Sum 305]

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.

I've known from some H1Bs that they have up to 90 days to leave the US after the H1B becomes invalid, but they may have been giving me bad information.

ESTA might just mean that the overstay isn't that big of a red flag, but a red flag nonetheless. ESTA really is looking for the more serious offenses on criminal databases.

[ryna 132]

I know this may be too simple but is there any way to ask DHS whether (or not) you overstayed the H1B, especially since you don't know when it was effectively cancelled?

[Boiler 43,434]

I've known from some H1Bs that they have up to 90 days to leave the US after the H1B becomes invalid, but they may have been giving me bad information.

ESTA might just mean that the overstay isn't that big of a red flag, but a red flag nonetheless. ESTA really is looking for the more serious offenses on criminal databases.

There is no 90 day grace period.

Nobody knows what ESTA does. Or does not.

[Zero Sum 305]

There is no 90 day grace period.

Nobody knows what ESTA does. Or does not.

Correct. There is none. As for ESTA, think about it in terms of when the program was set in motion. A big pain in the cojones, yes. I have read information about it literally cross-referrencing various databases for the most part. Kind of like a soft credit check but with criminal and no-fly and that sort of check in mind.

[haagen_dazs 0]

He filled in the ESTA, he got it.

thanks for the input =)

LOOK for the MILLIONTH TIME. If YOU YOURSELF KNOW that you have OVERSTAYED 3 MONTHS even if it was to tie up loose ends, you will need a B1/B2 visa PERIOD. It DOESNT MATTER if you are from Singapore...thats the LEAST of their worries. THEIR worry would be if you overstayed. FILL OUT the ESTA form and then SEE if you need a B1/B2 visa

Its like you keep wanting us all here to tell you what you would LIKE to hear and not what you NEED to hear...

thank you for your comments

[haagen_dazs 0]

So the update is

Woot =) Went through into the USA and left with no problems.

They didnt scan my passport when I entered. All the lady did was type in my passport number and said I was good to go.

She threw away the white I94 (that i filled up) and said I did not need it.....

So one interesting question.

I realized that when I left SFO, there was no immigration check point.

Since I did not have a I94 white card to be removed at the airplane check in counter, my question is : how does immigration know that I left USA?

Does the USA immigration department depend ENTIRELY on the check in counter staff entering into the system that I actually physically flew out on my aircraft???????????

Edited March 6, 2011 by haagen_dazs

[Little_My 463]

I-94 or I-94W is the arrival/departure record. They should have made you fill out the I-94W, which is the green form, and then should've asked for it when you left.. I-94 is for people under a visa status, which is why you didn't need that one.

Edited March 6, 2011 by Mrs.Finland-USA

[haagen_dazs 0]

I-94 or I-94W is the arrival/departure record. They should have made you fill out the I-94W, which is the green form, and then should've asked for it when you left.. I-94 is for people under a visa status, which is why you didn't need that one.

immigration did not ask me to fill out the I94 W, neither did they ask for one..... hmmm so how ?