ESTA or VISA

[Morrisbythesea 0]

Hello, 

 

My friend is here on what I think is ESTA, but I tried to check the ESTA website for him and there is no record of his application, but also there is no VISA in his passport. 

He was given 6 months to stay on his i-94. His I-94 ends in June. He recently filed i-539 to extend his stay. 

So a few questions: 

1. how do we know if he has ESTA or VISA?

2. If he does have ESTA and he already overstayed his 90 days, does the i-539 help? or should he leave when his i-94 expires? and if he leaves before i94 expires can he come back?

3. Can he adjust his status in the future if he overstayed his ESTA? 

 

Please help. He is in his 60s doesn't trust lawyers, and I feel a bit stressed out for him, and want to help him before it's too late. 

 

Thanks in advance!

[Redro 4,611]

26 minutes ago, Morrisbythesea said:

Hello, 

 

My friend is here on what I think is ESTA, but I tried to check the ESTA website for him and there is no record of his application, but also there is no VISA in his passport. 

He was given 6 months to stay on his i-94. His I-94 ends in June. He recently filed i-539 to extend his stay. 

So a few questions: 

1. how do we know if he has ESTA or VISA?

2. If he does have ESTA and he already overstayed his 90 days, does the i-539 help? or should he leave when his i-94 expires? and if he leaves before i94 expires can he come back?

3. Can he adjust his status in the future if he overstayed his ESTA? 

 

Please help. He is in his 60s doesn't trust lawyers, and I feel a bit stressed out for him, and want to help him before it's too late. 

 

Thanks in advance!

1.) Where is your friend from? Is he Canadian by any chance?

2.) Did he go for an interview or did he apply for a visa online?

3.) What is his reason for filing the i-539? There is a chance it could be denied. 

Edited May 8, 2022 by ROK2USA

[Morrisbythesea 0]

1. no, he is from the Czech Republic

2. he doesn't remember

3. he wants to travel here in the US. he is in his 60s and he has already traveled around the world for the past 3 years now he got here to the US and wants to visit all the states 

[Redro 4,611]

11 minutes ago, Morrisbythesea said:

1. no, he is from the Czech Republic

2. he doesn't remember

3. he wants to travel here in the US. he is in his 60s and he has already traveled around the world for the past 3 years now he got here to the US and wants to visit all the states 

How is it possible he does not remember going to a US Embassy for an interview?

If he didn't do that he is probably on ESTA which means he should not stay in the country for more than 90 days. 

I would advise he leaves the US. 

Be aware he cannot go to Mexico or Canada with the intention of returning to the US as visits to those countries count towards his allowed time in the US. 

I would add... the extension for I-539 could be denied if they think his reason for staying is not valid. And it takes many months to receive approval. 

So, he is at risk of overstaying if he stays longer than the 6 months you think he might have. 

 

Edited May 8, 2022 by ROK2USA

[Morrisbythesea 0]

He is a dual citizen, so if he leaves and reenters with his other passport which does have a visa on. Will he be allowed back in? 

[Redro 4,611]

22 minutes ago, Morrisbythesea said:

He is a dual citizen, so if he leaves and reenters with his other passport which does have a visa on. Will he be allowed back in? 

That would be a very bad idea. 

When you fill out ESTA or the DS-160 you are supposed mention all citizenships you hold.

When you fill out the ESTA or DS-160 you are supposed to mention if you have ever overstayed. 

If he lies on any forms this is misrepresentation and could lean to a ban in the US. 

 

I would check his I-94 again. It should say his class of admission is. 

If he is on B2 it should state B2. 

 

If there is no stamp in his passport and no visa. I strongly advise he leaves the US before he has been in the US for more than 90 days. 

 

Did he enter on the Czech passport or the other nationality?

Edited May 8, 2022 by ROK2USA

[Morrisbythesea 0]

he already has been in the US for more than 90 days. but not more than his allowed stay on i94. On i-94 he was given 6 months which expires next month.

So he has been here more than 90 days but less than 180 days. and he filed for an extension already. I know you cant extend ESTA so him filing it, does it even count? 

his i-94 does say B2. does that mean he has a regular visa?

And if he leaves will he be able to come back?

 

 

[Redro 4,611]

1 hour ago, Morrisbythesea said:

he already has been in the US for more than 90 days. but not more than his allowed stay on i94. On i-94 he was given 6 months which expires next month.

So he has been here more than 90 days but less than 180 days. and he filed for an extension already. I know you cant extend ESTA so him filing it, does it even count? 

his i-94 does say B2. does that mean he has a regular visa?

And if he leaves will he be able to come back?

 

 

I don't feel comfortable suggesting your friend return to the US anytime soon...

If he has a valid visa/esta then he can return but it is often suggested a person spends double the amount of time outside the US after a visit. 

So, if he stays for 6 months he should only return to the US after 1 year. 

He entered the US on one passport... but he forgot and showed you his other passport from another country? 

Then he applied for an extension on the passport he didn't enter on ?He also doesn't remember applying for a tourist or ESTA.

No way to know when his current B1/B2 expires so he might not be allowed to return to the US without applying for another visa. 

Too many unknowns. 

 

Edited May 8, 2022 by ROK2USA

[Dashinka 24,600]

If he entered on an ESTA he would not be given 6 months.  You mentioned no visa in his passport, is that true for both passports?  

[Boiler 45,672]

How could he file an I 539 without having details of his visa?

[Boiler 45,672]

I forgot to ask about your comment of him wanting to adjust his status, how? On what basis?

[Redro 4,611]

49 minutes ago, Boiler said:

How could he file an I 539 without having details of his visa?

Don't need all the details from the visa on I-539. Just current non-immigrant status and expiration date (I'm thinking OP's friend probably put the June 2022 date)... and I94 number. 

I539 will probably be denied if it wasn't completed correctly/ he gave details of his Czech passport when he entered on this other passport. 

... I should stop speculating though. It does no good. 

Edited May 8, 2022 by ROK2USA

[African Zealot 1,455]

Your friend is about to fall into a world of USA 🇺🇸 immigration hurt. If he’s on ESTA he has maximum 90 days. Some people have been issued 6 months in error while on ESTA however even if that’s the case a visitor is supposed to know the conditions of the visa/ESTA authorization he entered on. Ignorance is not an excuse.

 

The part about not remembering going for an interview or applying  online doesn't fly unless he can confirm with legal proof he suffers from memory loss etc.

 

Its in his best interest to hightail it out of the good ole USA as soon as possible. Unless he wants to finish his tour and leave knowing he will likely never be allowed back.

 

His choice.

Edited May 8, 2022 by African Zealot

[Morrisbythesea 0]

@ROK2USA so he entered the US with the Czech passport, and filed the i539 giving his Czech passport details. He did everything the right way except the fact that he does not remember whether he has ESTA or not. 

 

On his other passport on the other hand he does have VISA. 

 

So my question is how do we check if he came in with ESTA or a VISA on his Czech passport? 

I checked the ESTA website and there is no record of his ESTA, and on his Czech passport there is no VISA. 

That's why I am not sure what he came in with. Because if he came in on a regular visa that means he is still okay here, and he can file i-539. But if he has ESTA then from what I gathered is that the i-539 does not help?

 

[Boiler 45,672]

He could not have entered using a Passport where he does not have a visa or an approved ESTA

 

How is he looking to adjust status?