Can I get an VWP after a B2?

[donquichotte 0]

Hello, and thanks in advance for any advise

I originally got a B2 visa because I was working on a sailing boat on the East Coast and that's the type of visa required for this kind of things (entering by private boat).

I stayed 6 month on the territory and then applied to get an other visa : change on non immigrant status (in between, my job was done on the boat, I visited the states, and wanted to stay longer).

They processed my file for about 5 months, I have not been called for an interview neither been rejected.

Therefore I've been able to stay all this time not unlawfully. After 5 month (11 month of stay in total), I came back home and sent the uscis a letter to cancel my application.

Now I want to come back, under a VWP, for 90 days. But I'm worrying because then I would have been out of the States for only a month and a half.

Do you think I will be able to get a VWP?

I am not planning to immigrate, I just want to spend the summer there, and visit the friends I made.

What do would you advise me?


Thanks a lot!!!

[Harpa Timsah 13,260]

If you overstayed a visa one day you cannot use VWP.

[donquichotte 0]

Well is it really an overstay since I had officially filed for an other visa? the uscis agent on the phone told me it would not be a problem. I am just worrying about the delay between the two trips.

[Harpa Timsah 13,260]

Since your change request was rejected, then yes, it all counted for overstay. You need another B2 to visit.

[Eric-Pris 1,607]

Isn't B-2 a tourist visa?

It's not a work visa. You said that you were working on a boat? That's not what that visa is for.

And since you overstayed by 5 months, you are probably are not going to get another tourist visa either.

[JohnR! 5,495]

At this point, you will need to request another visa to enter the US. Your current visa was canceled the moment you applied for an extension. For that reason I believe you do not qualify for VWP, but you can always try and obtain your ESTA. It ought to tell you right away.

However, IMHO, chances are you will have a hard time either getting a visa/ESTA or if you make it to the border being admitted into the country. You will certainly be questioned as to the reason of your stay - 11 months - and why you want to return so soon. I think it will be a hard sell, for a B2 is a tourist visa.

In any case, you will never know unless you try. Good luck.

[donquichotte 0]

Thanks for your fast answers!

-I was not actually working in the states, since the company that employed me was British, I even told the ambassy when I got the visa that I would be working on the boat. B2 is the visa crew members use to get.

-My change request was not rejected, they we filing my case for 5 month, and I left before they gave me any answer, positive or negative

[donquichotte 0]

here is the explanation about the B1B2 visa for crew members

http://yachtmaster.com/crew/visas

[Boiler 47,687]

You have several issues.

You spent 11 months in the US.

6 months in status you then applied to extend your time in status but withdrew the application before it was determined.

So you spent 5 months out of status.

So you are not eligible to use the VWP.

You do not have a ban, 6 months, but you do have a recent long overstay so your chance of another visa is limited. You can always try for another one.

Most B2's are issued for 10 years, multiple entries. But an overstay voids it.