Can I get ESTA visa back after 6 years

[Mr. Anderson 3]

Hi everyone. I had a problem at the American airport a few years ago. The thing is my first travel to the states dates back to the summer 2011 where I stayed 2 months and went back to Europe then in October that same year I travelled again but this time I overstayed for about 9 months (I didn’t know overstaying was such a big deal) Then in November 2012 when I tried to re-entry I got stopped at the CBP I honestly told the officer I planned to work (again I didn’t know I needed another visa than ESTA for doing that) Anyways they asked me what I wanted to do either wait until Monday (that was a Saturday night) and talk to the jury or go back to Sweden where I came from. It was my call so I decided to go back to my country. The stamped my passport with a “Refused in accordance with INA section 217. R39007” and below it says some law 212(a)(7)(A)(i)(i). That was on November 2012. I have never reapplied for a new ESTA visa. It’s been almost 6 years since that occurred. So my questions are:

1. Can I reapply for an ESTA visa now

2. In case I get the visa can I be stopped at CBP and sent back

3.Did I have a 10 year or 5 year ban for entry

 

My intentions for entry are visiting family though it sounds devious by now I’m aware of that. 

 

Thanks a lot in advance. Have a nice day. 

[Ben&Zian 4,397]

Unlikely. Most likely would need a B2 visa... but probably won't be easy to even get that with the previous issues.

 

As for can you get stopped and sent back again? Yes, entry is only guaranteed to US citizens. If CBP finds reasons to deny you entry they can if they choose to. It's within their power.

 

 

 

 

[EM_Vandaveer 2,368]

You can apply for ESTA just answer the questions honestly. You are unlikely to receive ESTA.

Of course you can be refused entry on ESTA, it already happened to you once so how is that even a question?

[EM_Vandaveer 2,368]

BTW you had a 3-year ban that's expired now. That said, with a previous overstay & a refused entry you are very unlikely to receive either ESTA or any non-immigrant visa 

[Mr. Anderson 3]

12 minutes ago, Ben&Zian said:

Unlikely. Most likely would need a B2 visa... but probably won't be easy to even get that with the previous issues.

 

As for can you get stopped and sent back again? Yes, entry is only guaranteed to US citizens. If CBP finds reasons to deny you entry they can if they choose to. It's within their power.

 

 

 

 

 I thought letting time pass away it would be in the past and I could get the ESTA again without trouble that’s all. Now I see it can be more complicated than that. Now let’s say that I get the ESTA. Could they ban me for life at CPB even if I had the visa issued by them. Thanks for the quick answer. 

[Roel 7,191]

1 minute ago, Mr. Anderson said:

 I thought letting time pass away it would be in the past and I could get the ESTA again without trouble that’s all. Now I see it can be more complicated than that. Now let’s say that I get the ESTA. Could they ban me for life at CPB even if I had the visa issued by them. Thanks for the quick answer. 

They can ban you for life if you lie or hide any informations in your ESTA application.

 

Honestly, you have like.. 0.1% chance of getting ESTA. Similar small chance of getting a tourist visa.

 

Even if by some change you'll get approved, there is a change you'll be turned away at the border.

 

Sorry but your ignorance about overstaying and working (Seriously? I don't think anyone buys your explanation that you just didn't know) is not an excuse and it will not be forgotten. All this stuff is in the system.

[Boiler 43,426]

Your VWP days are over you no longer qualify.

 

To visit in future you need a B visa.

[Ben&Zian 4,397]

Even with a visa, all that does is allow you the opportunity to enter the US, it doesn't guarantee it. Again only US citizens are guaranteed entry.

[Boiler 43,426]

Would be a very unusual for someone with a newly minted B visiting within reason to be refused.

[geowrian 22,335]

You are permanently ineligible for ESTA the moment you overstayed by even 1 day. You can apply, but the result will be a denial. This is a clearly defined process...no way around it.

 

You are eligible to apply for a tourist visa (B-2). Good luck.

[TNJ17 1,329]

Yeah I don’t buy the “I didn’t know” excuse. That’s common sense even 10 years ago. 

 

Your chances of ever visiting the US are slim to none. They won’t give you an ESTA nor any non-immigrant visa of any kind. Should have thought about the future before staying. 

[Mr. Anderson 3]

5 minutes ago, Roel said:

They can ban you for life if you lie or hide any informations in your ESTA application.

 

Honestly, you have like.. 0.1% chance of getting ESTA. Similar small chance of getting a tourist visa.

 

Even if by some change you'll get approved, there is a change you'll be turned away at the border.

 

Sorry but your ignorance about overstaying and working (Seriously? I don't think anyone buys your explanation that you just didn't know) is not an excuse and it will not be forgotten. All this stuff is in the system.

It is what it is even if it’s unbelievable. Otherwise why would I get out of the country if I knew the consequences. And why would I try to enter again if I knew I was going to get my visa revoked. Plain ignorance and being honest that’s what it was. 

4 minutes ago, Boiler said:

Your VWP days are over you no longer qualify.

 

To visit in future you need a B visa.

I will check the B visa then. Thanks everyone. 

[Mr. Anderson 3]

6 minutes ago, TNJ17 said:

Yeah I don’t buy the “I didn’t know” excuse. That’s common sense even 10 years ago. 

 

Your chances of ever visiting the US are slim to none. They won’t give you an ESTA nor any non-immigrant visa of any kind. Should have thought about the future before staying. 

As soon as I heard about overstaying consequences I went and googled it at the time I remember it said that I could stay for 9 months. That same day I bought a ticket and got out a few days after. It obviously seems I read wrong. 

[Boiler 43,426]

1 minute ago, Mr. Anderson said:

As soon as I heard about overstaying consequences I went and googled it at the time I remember it said that I could stay for 9 months. That same day I bought a ticket and got out a few days after. It obviously seems I read wrong. 

Why did you have to google anything?

 

The date you had top leave by was in your Passport

 

And on your return tickets.

[TNJ17 1,329]

2 minutes ago, Boiler said:

Why did you have to google anything?

 

The date you had top leave by was in your Passport

 

And on your return tickets.

Exactly. It’s common sense that you’re supposed to leave by the date stamped on your passport. It’s impossible to miss that. Also the most people have ever been given on visiting visas is 6 months. You wouldn’t have found 9 months on your google search anywhere.