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ESTA - limits

By pipups in Tourist Visas

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pipups Newbie

pipups   0

Posted
Filed: Country: Sweden
 Timeline
Posted

Hi!

I´ve been in US two times this year. First time in May-July total 6 weeks, then in Aug - Nov total 91 days.

Can I go back now in the end of Nov or Dec?

Do I have to wait for a new year to begin?

Was it a mistake to stay for 91 days?

I did not know of the 90-days-limit... I read "3 months" and had a ticket from Aug 6th til Nov 5th...

icv21 Rising Star

icv21   110

Posted
Filed: Lift. Cond. (apr) Country: Spain
 Timeline
Posted

You may not be allowed in the country because the 91 days.... They will decide that at the aiport next time you come

y59om4.png

---------------------------------- Pre I-130 ----------------------------------------

Feb- 25- 2009 - Met in Barcelona Spain thanks to a friend in common ???

11 visits in the next 5 years........ ????????????

Apr - 23 - 2014 - My last entry in the US to visit ✈️

Jul - 18 - 2014 - finally proposes and ask me to stay forever!!!! ❤️??

Jul- 20 - 2014 - I don't get in the flight back to Spain ( that means my ESTA will expire the next day )

Jul - 22 - 2014 - wedding ❤️??

---------------------------I-130, I-485, EAD, AP ----------------------------------

Sep- 12- 2014 - AOS sent to Chicago ?? ( delivered sept 15 )

Sep - 18 - 2014 - AOS texts/ emails received with case number ??

Sep- 19 - 2014 - checks cashed ?

Sep - 21 - 2014- hard copies of NOA received in the mail!!! ??

Sep - 26 - 2014- biometrics letter received!! Appointment for Oct 7

Sep - 30 - 2014 - succesful early walk in biometrics ??

Nov - 22 - 2014 - EAD/AP approved ?? ( 71 days )

Nov - 24 - 2014 - card in production

Dec - 1 - 2014 - card mailed ??

Dec - 3 - 2014 - Combo card received ??

Dec - 15 - 2014 - email received with interview date for Jan 15 2015! ??

Jan - 15 - 2015 - Approved!! ???? Here is our interview experience --> http://www.visajourney.com/forums/topic/531853-aos-interview-from-esta-approved/

Jan - 24 - 2015 - Green card received

Boiler Grand Master

Boiler   45,663

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Once you overstay then you can never use ESTA again.

You now need a B visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Hotter Otter Proficient

Hotter Otter   1,211

Posted
Filed: IR-1/CR-1 Visa Country: England
 Timeline
Posted

Yes it was a mistake unfortunately and as boiler says you probably won't be able to use ESTA again because of the overstay.

My blog about my visa journey and adjusting to my new life in the US http://albiontoamerica.wordpress.com/

Boiler Grand Master

Boiler   45,663

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Not eligible for ESTA

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

N-o-l-a Grand Master

N-o-l-a   7,168

Posted
Filed: Citizen (apr) Country: Denmark
 Timeline
Posted

You've got another red flag if you go back so soon, how many days in the past 6 months have you spent in America, and how many more were you planning? It almost looks like you are living in America and visiting Sweden, a bad sign.

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

Boiler Grand Master

Boiler   45,663

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Judging by OP other thread looking to immigrate and visitor visa unlikely.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

  • 2 weeks later...
icv21 Rising Star

icv21   110

Posted
Filed: Lift. Cond. (apr) Country: Spain
 Timeline
Posted

I am surprised they let you in a second time. I always thought it was a total of 90 days during a year and not 90 days for each visit..

I used to come twice a year for 89 days each stay.

It's 90 days a maximum each visit but if you try to come too often they will get suspicious and send you back home

y59om4.png

---------------------------------- Pre I-130 ----------------------------------------

Feb- 25- 2009 - Met in Barcelona Spain thanks to a friend in common ???

11 visits in the next 5 years........ ????????????

Apr - 23 - 2014 - My last entry in the US to visit ✈️

Jul - 18 - 2014 - finally proposes and ask me to stay forever!!!! ❤️??

Jul- 20 - 2014 - I don't get in the flight back to Spain ( that means my ESTA will expire the next day )

Jul - 22 - 2014 - wedding ❤️??

---------------------------I-130, I-485, EAD, AP ----------------------------------

Sep- 12- 2014 - AOS sent to Chicago ?? ( delivered sept 15 )

Sep - 18 - 2014 - AOS texts/ emails received with case number ??

Sep- 19 - 2014 - checks cashed ?

Sep - 21 - 2014- hard copies of NOA received in the mail!!! ??

Sep - 26 - 2014- biometrics letter received!! Appointment for Oct 7

Sep - 30 - 2014 - succesful early walk in biometrics ??

Nov - 22 - 2014 - EAD/AP approved ?? ( 71 days )

Nov - 24 - 2014 - card in production

Dec - 1 - 2014 - card mailed ??

Dec - 3 - 2014 - Combo card received ??

Dec - 15 - 2014 - email received with interview date for Jan 15 2015! ??

Jan - 15 - 2015 - Approved!! ???? Here is our interview experience --> http://www.visajourney.com/forums/topic/531853-aos-interview-from-esta-approved/

Jan - 24 - 2015 - Green card received

lost_at_sea Experienced

lost_at_sea   995

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Hi!

I´ve been in US two times this year. First time in May-July total 6 weeks, then in Aug - Nov total 91 days.

Can I go back now in the end of Nov or Dec?

Do I have to wait for a new year to begin?

Was it a mistake to stay for 91 days?

I did not know of the 90-days-limit... I read "3 months" and had a ticket from Aug 6th til Nov 5th...

Where did you read "3 months"?

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London
7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production
27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed
26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

pipups Newbie

pipups   0

Posted
Filed: Country: Sweden
 Timeline
  • Author
Posted

Well ...

Thank you all for your concerne. I am back now and they did not even ask me ANY questions in customs. Just "Do you have any food?"

So, I guess my worries was unnecessary!

Power of intentions!

Love & Light

Unidentified Mentor

Unidentified   2,930

Posted
Filed: Citizen (apr) Country: Sweden
 Timeline
Posted

Well ...

Thank you all for your concerne. I am back now and they did not even ask me ANY questions in customs. Just "Do you have any food?"

So, I guess my worries was unnecessary!

Power of intentions!

Love & Light

Yeah customs never gives you problem but Immigration does... Glad you got through okay!





MacUK Proficient

MacUK   983

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted

Did you update your ESTA to include your overstay?

Entering using VWP after you have lost your VWP privileges is misrepresentation.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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