ESTA overstay due covid-19

[Fabienne 0]

When I was in a ESTA in the US with my, now fiancé, we planned to go travel to South America in March before 90 day staying in the US. 

A couple day beforwe wanted to leave we got in contact with someone that tested possitive. So we were forced to quarantaine for 14 day. I have a doctors note. During the quarantaine I was forced to overstay my ESTA. After that the whole world shutdown. I already overstayed so it wouldn't matter if it's 10 day or less than 180. 

Is there anyway that I could get my ESTA "turned back on" to see my fiancé since my K1 is still pending? 

I appreciate every help!

[Crazy Cat 41,975]

Where are you right now?

[Fabienne 0]

8 minutes ago, Lucky Cat said:

Where are you right now?

Back in Switzerland. I know I should have applied for an extension but nobody at the time that I called, informed me about that.

[Crazy Cat 41,975]

6 minutes ago, Fabienne said:

Back in Switzerland. I know I should have applied for an extension but nobody at the time that I called, informed me about that.

Yes, you could have requested an extension.  I guess your ESTA has been terminated now.  Maybe you can re-apply for ESTA and explain the issue.  You might want to read this:

 

https://www.uscis.gov/news/alerts/covid-19-delays-in-extensionchange-of-status-filings

[Boiler 45,651]

How long did you overstay?

[Fabienne 0]

Less than 179 days

[Boiler 45,651]

So 178?

 

ESTA is for the squeaky clean, from now on you will need a B visa to visit

[SusieQQQ 11,586]

Oh dear. Yes the ESTA could have been extended for 30 days without much hassle under Covid, using “satisfactory departure” (I know you say no one told you but it was quite well publicized on the Uscis websites for anyone doing a search from what I recall), so there would have been a big difference between 10 days and 179 days. You will almost certainly need a B visa, you can try for another ESTA but I’d guess it’s an automatic denial. Even without an extension, if you had stayed for the exact time of the doctors letter and left immediately thereafter, you would have had  a reasonable case to make at the embassy when applying for your B visa. If you basically maxed out your overstay to the limit of where you knew you’d get a ban, which it sounds like you did, I suspect you will get a much less sympathetic hearing at the consulate. Not sure when you can find out, seems they are only doing emergency visa appointments for B visas in Switzerland at the moment.

 

 

 

Edited February 7, 2021 by SusieQQQ

[Crazy Cat 41,975]

21 minutes ago, Boiler said:

So 178?

 

ESTA is for the squeaky clean, from now on you will need a B visa to visit

Quite a long Covid quarantine, I guess.

[Boiler 45,651]

Who is eligible to submit an application?

You are eligible to apply for admission under the Visa Waiver Program (VWP) if you:

• Andorra
• Australia
• Austria
• Belgium
• Brunei
• Chile
• Czech Republic
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece

• Hungary
• Iceland
• Ireland
• Italy
• Japan
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
• Republic of Malta
• Monaco
• Netherlands
• New Zealand

• Norway
• Poland
• Portugal
• San Marino
• Singapore
• Slovakia
• Slovenia
• South Korea
• Spain
• Sweden
• Switzerland
• Taiwan^[1]
• United Kingdom

• Intend to enter the United States for 90 days or less for business, pleasure or transit
• Have a valid passport lawfully issued to you by a Visa Waiver Program country
• Arrive via a Visa Waiver Program signatory carrier
• Have a return or onward ticket
• Travel does not terminate in contiguous territory or adjacent islands unless the traveler is a resident of one of those areas
• Are a citizen or national of one of the Visa Waiver Program countries listed below:
• Establish to the satisfaction of the inspecting United States Customs and Border Protection officer that you are entitled to be admitted under the Visa Waiver Program and that you are not inadmissible under the Immigration and Nationality Act.
• Waive any rights to review or appeal of the admissibility determination of the United States Customs and Border Protection officer, or contest, other than on the basis of an application for asylum, any removal action arising from an application for admission under the Visa Waiver Program.
• Reaffirm, through the submission of biometric identifiers (including fingerprints and photographs) during processing upon arrival in the United States, your waiver of any rights to review or appeal of the admissibility determination of the United States Customs and Border Protection officer, or contest, other than on the basis of an application for asylum, any removal action arising from an application for admission under the Visa Waiver Program.
• Not pose a threat to the welfare, health, safety, or security of the United States.
• Have complied with all conditions of any previous admission under the Visa Waiver Program.

https://esta.cbp.dhs.gov/faq?lang=en

[gregcrs2 1,778]

I wish I had your job where I could take 3 months plus another 178 days off.  That's one outstanding employer!

[retheem 566]

9 hours ago, Fabienne said:

When I was in a ESTA in the US with my, now fiancé, we planned to go travel to South America in March before 90 day staying in the US. 

A couple day beforwe wanted to leave we got in contact with someone that tested possitive. So we were forced to quarantaine for 14 day. I have a doctors note. During the quarantaine I was forced to overstay my ESTA. After that the whole world shutdown. I already overstayed so it wouldn't matter if it's 10 day or less than 180. 

Is there anyway that I could get my ESTA "turned back on" to see my fiancé since my K1 is still pending? 

I appreciate every help!

Apply for aB1/B2 or  K1 visa, your ESTA is gone. Sorry pal.

[African Zealot 1,455]

What it appears what you did was to milk the duration close to the last drop and bailed just before accruing a ban. The doctors note won’t wash because your duration of stay after quarantine appears to be months. 

 

I would probably refuse you a B visa if I were the next consular officer you meet and let you wait out for your K visa. Good luck nonetheless.

 

 

[Diane and Chris 651]

When did you two apply for the K-1?  

[JFH 12,190]

Oh dear. You had two chances to avoid this and you missed both. 
 

The first one was “satisfactory departure” as stated by others. The other was staying, getting married (if he’s your fiancé then marriage is obviously on the cards already anyway) and adjusting your status. 
 

You have also closed the ESTA/VWP door to yourself now. Even one day overstay is enough to permanently exclude yourself from the VWP.

 

You will need to apply for a B-2 to visit again. I don’t fancy your chances with a weak reason for such a long overstay before and obviously loose ties to your homeland (do you work?).