Sencond esta after 3 days overstay

[Michal K. 0]

Hello folks,

 

ive been to the states many a time overland and by plane, using esta recently. I have crossed the border about 6 times but my last visit was with a short delay - 3 days overstay.  That’s because I was awaiting a decision on my green card . As lack would have it my partner turned out to be an abusive man and I had to leave prematurely but 3 days to late according to my esta entry. Is there a chance I get a new esta? I know it’s only issued to those who haven’t overstated but if a computer glitch issues that esta will I be allowed into the country?

 

thank you

 

michal 

[SusieQQQ 11,585]

A computer glitch?

 

you need to be honest on your new Esta application. When you are honest about your overstay it will deny you an ESTA and you will apply for a B visa. 

[acidrain 325]

For further information or history please refer to above link

[Unlockable 7,306]

Just apply for a tourist visa. The ESTA is gone. You are grasping at straws with the computer glitch claim.

[Ontarkie 13,968]

I'll humor the glitch. Say it gives you esta again. After a long long flight back to the US you get the officer looking at you like you have two heads. Thinking ya right buddy and putting your butt on the next plane out. 

[az2014 381]

4 hours ago, Michal K. said:

Hello folks,

 

ive been to the states many a time overland and by plane, using esta recently. I have crossed the border about 6 times but my last visit was with a short delay - 3 days overstay.  That’s because I was awaiting a decision on my green card . As lack would have it my partner turned out to be an abusive man and I had to leave prematurely but 3 days to late according to my esta entry. Is there a chance I get a new esta? I know it’s only issued to those who haven’t overstated but if a computer glitch issues that esta will I be allowed into the country?

 

thank you

 

michal 

No, as you are no longer eligible to use the VWP, for life.

[Going through 5,668]

The likelihood of a "computer glitch" issuing you a new ESTA is slim to none.

 

On the slightest possibility that it did, and you were given a new ESTA?  You would find yourself on a return flight home pretty quickly.

[SusieQQQ 11,585]

Neither an ESTA nor a visa give you the right to enter the US. And CBP, having easy access to travel records, can easily turn you back on an incorrectly issued ESTA.

 

of course if it turns out the “computer glitch” was actually due to false information being submitted it would be even harder to get a visa in the future.

Edited November 29, 2017 by SusieQQQ

[Michal K. 0]

On 29/11/2017 at 12:37 AM, Ontarkie said:

I'll humor the glitch. Say it gives you esta again. After a long long flight back to the US you get the officer looking at you like you have two heads. Thinking ya right buddy and putting your butt on the next plane out. 

Thank you for the reply. But remember that I was in the states converting my status. Which means I had the right to stay so therorethically I didn’t overstay anything at all since my spousal permit was pending. This should be noted somewhere on the system right? So even though  I was in the states converting my status and I left the country for whatever reason (abuse, sickness) it is still conisered an overstay of the original esta entry? It doesn’t make sense to me.

 

cheers

michal 

On 29/11/2017 at 2:36 PM, SusieQQQ said:

Neither an ESTA nor a visa give you the right to enter the US. And CBP, having easy access to travel records, can easily turn you back on an incorrectly issued ESTA.

 

of course if it turns out the “computer glitch” was actually due to false information being submitted it would be even harder to get a visa in the future.

Thank you for the reply. But remember that I was in the states converting my status. Which means I had the right to stay so therorethically I didn’t overstay anything at all since my spousal permit was pending. This should be noted somewhere on the system right? So even though  I was in the states converting my status and I left the country for whatever reason (abuse, sickness) it is still conisered an overstay of the original esta entry? It doesn’t make sense to me.

 

cheers

michal 

[Michal K. 0]

On 29/11/2017 at 10:53 AM, Going through said:

The likelihood of a "computer glitch" issuing you a new ESTA is slim to none.

 

On the slightest possibility that it did, and you were given a new ESTA?  You would find yourself on a return flight home pretty quickly.

Thank you for the reply. But remember that I was in the states converting my status. Which means I had the right to stay so therorethically I didn’t overstay anything at all since my spousal permit was pending. This should be noted somewhere on the system right? So even though  I was in the states converting my status and I left the country for whatever reason (abuse, sickness) it is still conisered an overstay of the original esta entry? It doesn’t make sense to me.

 

cheers

michal 

[Michal K. 0]

On 29/11/2017 at 4:03 AM, az2014 said:

No, as you are no longer eligible to use the VWP, for life.

Thank you for the reply. But remember that I was in the states converting my status. Which means I had the right to stay so therorethically I didn’t overstay anything at all since my spousal permit was pending. This should be noted somewhere on the system right? So even though  I was in the states converting my status and I left the country for whatever reason (abuse, sickness) it is still conisered an overstay of the original esta entry? It doesn’t make sense to me.

 

cheers

michal 

[az2014 381]

8 minutes ago, Michal K. said:

Thank you for the reply. But remember that I was in the states converting my status. Which means I had the right to stay so therorethically I didn’t overstay anything at all since my spousal permit was pending. This should be noted somewhere on the system right? So even though  I was in the states converting my status and I left the country for whatever reason (abuse, sickness) it is still conisered an overstay of the original esta entry? It doesn’t make sense to me.

 

cheers

michal 

It makes perfect sense. You abandoned your adjustment of status. You overstayed. No more VWP for you, ever.

[MacUK 983]

7 minutes ago, Michal K. said:

Thank you for the reply. But remember that I was in the states converting my status. Which means I had the right to stay so therorethically I didn’t overstay anything at all since my spousal permit was pending. This should be noted somewhere on the system right? So even though  I was in the states converting my status and I left the country for whatever reason (abuse, sickness) it is still conisered an overstay of the original esta entry? It doesn’t make sense to me.

 

cheers

michal 

You didn't complete the process, therefore I believe the overstay does apply.

 

[payxibka 10,044]

25 minutes ago, Michal K. said:

Thank you for the reply. But remember that I was in the states converting my status. Which means I had the right to stay so therorethically I didn’t overstay anything at all since my spousal permit was pending. This should be noted somewhere on the system right? So even though  I was in the states converting my status and I left the country for whatever reason (abuse, sickness) it is still conisered an overstay of the original esta entry? It doesn’t make sense to me.

 

cheers

michal 

The overstay accrues but is forgiven upon completion of AOS.  If you leave before completion there is no longer any forgiveness 

[Boiler 43,764]

In your previous semi identical thread you said it was 2 days.

 

Changing the numbers does not change the answers.