Overstay (1 day)

[C&Q 25]

I hope someone can help me. Unfortunately I have an overstay of 1 day and I'm now worried that my visa might get denied ...

[Inky 1,110]

1 day will not cause a denial.

[C&Q 25]

So here's my new situation:

Since I have an overstay of 1 day, I don't really wanna take the risk of being denied at the airport and be taken back to Germany immediately.

My fiance (US citizen) then tried to get his leave approved and visit me in May. Unfortunately he can't take leave to travel INTERNATIONALLY.

I'm now thinkin about going back for a couple of weeks. I know I can be denied entry due to my overstay and I'm still not sure whether to take the risk or not. Maybe some people can tell me about their experience. I think it would help me a lot and make my decision (whatever it may be) easier.

[Harpa Timsah 13,258]

If you previously overstayed the VWP, you are no longer eligible to use the VWP. You can try for a B2 visa for a visit if you like.

[C&Q 25]

Well in other forums I heard it is pretty much up to the IO at the port of entry. My ESTA is approved and the only problem would be the IO that can send me back home? Thank u for ur answer anyway, I hope more people let me know their experience.

[NigeriaorBust 4,087]

How did you answer the ESTA question about previous overstays ? If you fudged the esta answers you will still be turned away, they know you overstayed and are no longer able to enter on VWP. If you don't believe it try.

[C&Q 25]

How did you answer the ESTA question about previous overstays ? If you fudged the esta answers you will still be turned away, they know you overstayed and are no longer able to enter on VWP. If you don't believe it try.

Thought the ESTA was valid for 2 years?

And I never said I didn't believe it, I'm just asking and making sure.

[Harpa Timsah 13,258]

Well in other forums I heard it is pretty much up to the IO at the port of entry. My ESTA is approved and the only problem would be the IO that can send me back home? Thank u for ur answer anyway, I hope more people let me know their experience.

No, it is not discretionary. It is the VWP policy that a person is no longer eligible to use the VWP if they previously failed to comply with its regulations. See here: http://travel.state.gov/visa/temp/without/without_1990.html#national It says (last bullet point) that a person requires a visa to travel to the US if the person "Has been refused admission to the United States before, or did not comply with the conditions of previous VWP admissions (90 days or less stay for tourism or business, etc.)."

If you had a tourist visa, then a one day overstay would not make you ineligible automatically to revisit. In that case admittance would be discretionary. But you do not have a visa, you travelled on the VWP and did not comply with its requirements so you are no longer eligible to use it. Don't confuse your situation with someone who has a tourist visa.

Edited March 30, 2012 by Harpa Timsah

[C&Q 25]

No, it is not discretionary. It is the VWP policy that a person is no longer eligible to use the VWP if they previously failed to comply with its regulations. See here: http://travel.state.gov/visa/temp/without/without_1990.html#national It says (last bullet point) that a person requires a visa to travel to the US if the person "Has been refused admission to the United States before, or did not comply with the conditions of previous VWP admissions (90 days or less stay for tourism or business, etc.)."

If you had a tourist visa, then a one day overstay would not make you ineligible automatically to revisit. In that case admittance would be discretionary. But you do not have a visa, you travelled on the VWP and did not comply with its requirements so you are no longer eligible to use it. Don't confuse your situation with someone who has a tourist visa.

Oh Lord ... All of that because of 1 day ...

But thank u very much. Helped me a lot. I guess I have to wait till I have the K1 visa ...

[kittylondon 47]

To clarify, you left the day AFTER the date printed/written in your passport? Cos i left after 3 months in the US on the date of that stamp last time, and never actually checked that was okay... (although i wasn't planning on visiting on vwp again).

[Harpa Timsah 13,258]

Airlines give the Government their passenger manifests. They know when people left.

[mishab 1]

So what if Sophie0129 was in San Diego or Seattle and walked across the border on the 90th day and came back in 15 min? Would that be sufficient to satisfy the VWP requirements?

[C-ma'am 684]

So what if Sophie0129 was in San Diego or Seattle and walked across the border on the 90th day and came back in 15 min? Would that be sufficient to satisfy the VWP requirements?

Nop, because it "resets" only when coming back to your home country

[aaron2020 11,651]

So what if Sophie0129 was in San Diego or Seattle and walked across the border on the 90th day and came back in 15 min? Would that be sufficient to satisfy the VWP requirements?

Custom Border Patrol (CBP).

All visitors are screened at the border by CBP. If the government is screening, they will check the VWP's electronic passport. There is a computer chip in the passport (required to use the VWP). It doesn't take long to swipe the passport over a scanner. The government will have a record.

The CBP officer has the discretion to determine if a person is abusing the VWP. While there may not be a record of the person leaving, there will be a record of that person returning and being screened by CBP.

The CBP officers at land crossing are better trained to spot those crossing into Canada and Mexico quickly to reset their VWP time in the US.

---------------

From US Embassy in Japan. Japan is a VWP country. http://japan.usembassy.gov/e/visa/tvisa-waiverfaq.html#seven

What if I want to stay in Mexico/Canada/Bermuda or the islands of the Caribbean?

If your ticket terminates in Mexico/Canada/Bermuda or the islands of the Caribbean, you must be a legal resident of the area to qualify for visa free travel. If you are not and your stay will exceed 90 days from the date on which you first entered the U.S., you will require a visa unless you can demonstrate that your stay in Canada/Mexico/adjacent countries is meaningful.

Edited March 30, 2012 by aaron2020

[Ban Hammer 12,836]

one post removed for tos violation

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

and one post quoting that post removed.