ESTA APPROVAL

[NicoleLouise 0]

Hiya everyone.

when I was a minor, I overstayed in the USA, for 3 years. I was 10 when we moved there, and was just before I was 13 we moved back. According to my mum, we overstayed on the VWP, she got married whilst we were over there etc.

I applied for an ESTA today, and was approved, I answered the questions correctly, to my knowledge, but I'm worried now that I may get to the PoE and get turned away, or they think I was acquiring a visa through misrepresentation. Can anyone help me with regards to me being sent home without entering, I don't want to get a ban, for a simple mistake, if there was one??? oh, and it will have been 8 years since I left the states upon travel...

well actually, it was not quite 3 years. Our visa expired on 19th November, 2002, and we left 4th March 2005.

[jaycali 415]

No overstay time is accumulated before your 18th birthday, so no bar applies to you. As long as you were honest in filling out the form you will not get a misrepresentation charge, and you do not have a bar.

If you were to be denied entry, it would not be because of your overstay per se, but rather because the CBP officer isn't convinced that you're a legitimate tourist/visitor. It is quite rare for VWP travelers to be denied entry, but your history may raise some eyebrows. How long are you staying in the US? Given your history, you may be asked more questions, and you may want to bring some sort of evidence of ties to the UK, such as a job contract, apt lease, education record.. Something that shows you have a life in the UK basically. Just in case.

Good luck!

Edited January 9, 2013 by Jay Jay

[NicoleLouise 0]

No overstay time is accumulated before your 18th birthday, so no bar applies to you. As long as you were honest in filling out the form you will not get a misrepresentation charge, and you do not have a bar.

If you were to be denied entry, it would not be because of your overstay per se, but rather because the CBP officer isn't convinced that you're a legitimate tourist/visitor. It is quite rare for VWP travelers to be denied entry, but your history may raise some eyebrows. How long are you staying in the US? Given your history, you may be asked more questions, and you may want to bring some sort of evidence of ties to the UK, such as a job contract, apt lease, education record.. Something that shows you have a life in the UK basically. Just in case.

Good luck!

I'm aware that no time is accumulated before 18, but generally, even as a minor, you apparently, are ineligible for the VWP ever again. I've read loadsa horror stories about those that have overstayed and then been turned away at the gate, and I don't want that to happen. I'm going for 22 days, have return flights and the itinerary and an address and contact details for my friend and her husband, whom ill be staying with, and who are picking me up at the Airport. I didn't see a question relating to overstay, did I misunderstand a question?

I don't have an apt lease, I live with my mum.

I have a job, so I could get a copy of my contract easily, and I'm only in my first year at University here, with my exams beggining when I return actually! Haha

I have ongoing medical issues (PCOS, nothing infectious or communicable) and therefore am registered with a consultant over here, and could have further appointments for when I return too.

Do you think if I get a letter from a uni lecturer just to say I will be returning, that could show ties too? Thanks for your help btw!

[Penguin_ie 5,986]

I agree you should be fine, especially as your mom, who may have ties to the USA (if she's still married to the American) is in the UK.

A letter from a lecturer will hold little weight, but a letter from university administration stating you are enrolled for next year/ expected back for exams would help.

[NicoleLouise 0]

I agree you should be fine, especially as your mom, who may have ties to the USA (if she's still married to the American) is in the UK.

A letter from a lecturer will hold little weight, but a letter from university administration stating you are enrolled for next year/ expected back for exams would help.

Aww thank you I spoke to the department of homeland security this morning, and he assured me that I will be fine, as I was minor. Although I will be questioned on my previous history, I'm okay to go through on the vwp checked my passport number and everything, so that will be on their records. Ill speak to student services at my university so I can take that documentation as well as my working contract.

[jaycali 415]

Aww thank you I spoke to the department of homeland security this morning, and he assured me that I will be fine, as I was minor. Although I will be questioned on my previous history, I'm okay to go through on the vwp checked my passport number and everything, so that will be on their records. Ill speak to student services at my university so I can take that documentation as well as my working contract.

Yes, you're fine

Again, if you were denied entry, it wouldn't be because you overstayed as a minor, but because the CBP officer isn't convinced you're just visiting - A decision likely based in part on the previous overstay, but not a direct result of the overstay itself.

As long as you can satisfy the CBP officer at the airport that you're just a visitor, you will be fine. Just be prepared to be asked about the overstay. Remember that an approved ESTA, or an assurance over the phone from Homeland Security is not a guarantee of anything. The final word is always with the CBP at the airport. However, I have a very hard time believing you would encounter serious, if any, problems.

Edited January 9, 2013 by Jay Jay

[NicoleLouise 0]

Yes, you're fine

Again, if you were denied entry, it wouldn't be because you overstayed as a minor, but because the CBP officer isn't convinced you're just visiting - A decision likely based in part on the previous overstay, but not a direct result of the overstay itself.

As long as you can satisfy the CBP officer at the airport that you're just a visitor, you will be fine. Just be prepared to be asked about the overstay. Remember that an approved ESTA, or an assurance over the phone from Homeland Security is not a guarantee of anything. The final word is always with the CBP at the airport. However, I have a very hard time believing you would encounter serious, if any, problems.

Will the fact I'm only going for 3 weeks, and have my return flights booked look positive? I just don't want to be sent home without seeing my friend again haha, and my connecting flight is Philidelphia, so that's where my decision will be made isn't it

[jaycali 415]

Will the fact I'm only going for 3 weeks, and have my return flights booked look positive? I just don't want to be sent home without seeing my friend again haha, and my connecting flight is Philidelphia, so that's where my decision will be made isn't it

Millions of people enter the US every year. Tens of thousands enter each day. The vast majority enter with no problems at all. You will be one of hundreds, if not thousands entering in Philadelphia on the VWP that day. A 3 week vacation/visit to the US is about as normal as you can get. You'll be fine. You may not even be asked questions about the past overstay at all. Just do expect some questions, that way you don't get stumped. And keep in mind that you have done nothing wrong (a minor cannot by law consent to being illegally present).

Edited January 10, 2013 by Jay Jay

[NicoleLouise 0]

Millions of people enter the US every year. Tens of thousands enter each day. The vast majority enter with no problems at all. You will be one of hundreds, if not thousands entering in Philadelphia on the VWP that day. A 3 week vacation/visit to the US is about as normal as you can get. You'll be fine. You may not even be asked questions about the past overstay at all. Just do expect some questions, that way you don't get stumped. And keep in mind that you have done nothing wrong (a minor cannot by law consent to being illegally present).

This has made me feel so much better Thanks for your help!