Overstay and possible lawyer help

[hoophead321 1]

I overstayed a j1 student visa 11 and a half years ago. I would like to go back to visit the States at some point in the future and want to know if I can. I have lots of questions that I can't get answers to about what process I should take (ESTA? B2? book appointment?)

 

Should I hire a lawyer and ask them what I should do? Or just apply for ESTA and then B2 and then interview.

[SusieQQQ 11,586]

How long did you overstay for and how long ago did you actually leave?

 

a lawyer will likely just be a waste of money. You can try apply for ESTA assuming you’re from an eligible country, will likely get refused and need to apply for a B. What is your home country?

[Boiler 45,665]

How long did you overstay?

[hoophead321 1]

1 hour ago, SusieQQQ said:

How long did you overstay for and how long ago did you actually leave?

 

a lawyer will likely just be a waste of money. You can try apply for ESTA assuming you’re from an eligible country, will likely get refused and need to apply for a B. What is your home country?

I overstayed for 3 years and 4 months approximately. I left in 2011. It has been 11.5 years since I was there.

 

I am Irish but live in Denmark (permanent residence). I have a full-time job here with a family.

1 hour ago, Boiler said:

How long did you overstay?

3 years and 4 months.

[carmel34 3,639]

Sounds like a 10-year bar.  ESTA is likely not an option because of the overstay.  You can try for a B2 since it has been more than 10 years.

[hoophead321 1]

1 minute ago, carmel34 said:

Sounds like a 10-year bar.  ESTA is likely not an option because of the overstay.  You can try for a B2 since it has been more than 10 years.

So I should go straight for a B2 visa then?

[Boiler 45,665]

Obviously a big ask with such a long overstay, best to try for a B.

[MaxP22 186]

You are not eligible to travel under the VWP, for life, due to your overstay. Therefore you won't be applying for an ESTA ever again.

 

B2 visa is your only option if you want to visit.

[SusieQQQ 11,586]

So you would have had a ten year bar but the period is over now.
 

I’d agree probably best to just try for a B but what the heck, an ESTA is a few dollars and a few minuets to apply for, no? Id probably try anyway if it were me.

 

There is an 80 day wait time for B visa appointments in Copenhagen but you don’t sound in a rush so that wait time is probably not an issue for you

 

 

[SusieQQQ 11,586]

3 minutes ago, MaxP22 said:

You are not eligible to travel under the VWP, for life, due to your overstay. Therefore you won't be applying for an ESTA ever again.

 

 

I’ve seen people state this before but I’ve never seen the actual clause in a DHS publication that says so, can you point me to it?

 

 

[Family 4,025]

32 minutes ago, SusieQQQ said:

I’ve seen people state this before but I’ve never seen the actual clause in a DHS publication that says so, can you point me to it?

 

Here it is , directly from the horses mouth, so to speak: 4th line down

 

 

https://esta-center.com/en/lengthofstay/index.html#lengthofstay5

• Those who have committed serious violations or have criminal records overseas
• Those who have, or are being treated for, certain infectious diseases as specified by the U.S. government
• Those who have been deported from the U.S. in the past
• Those who have overstayed their time in the U.S. in the past
• Those with dual nationality in Iran, Iraq, Libya, Syria, the Sudan, or North Korea
• Those who have entered or traveled to Iran, Iraq, Libya, Syria, the Sudan, or North Korea since March 1, 2011
  (Travel may be permitted in some cases following screening and an interview at a U.S. embassy.)

Edited August 7, 2022 by Family

[Boiler 45,665]

Horses mouth would be a government site

[hoophead321 1]

49 minutes ago, MaxP22 said:

You are not eligible to travel under the VWP, for life, due to your overstay. Therefore you won't be applying for an ESTA ever again.

 

B2 visa is your only option if you want to visit.

Okay thanks. So I do a B2, apply and state my case and see what they say.

[Family 4,025]

11 minutes ago, Boiler said:

Horses mouth would be a government site

Here’s the Cavalry : CBP

Even though it is addressing VWP/ ESTA prior , I take it to mean ALL other overstays .

 

But OP has nothing to lose in attempting ESTA as it’s a very quick response time. 

 

https://help.cbp.gov/s/article/Article-3668?language=en_US


What happens if I overstay my admission period without receiving an extension?

If you entered the United States via the Visa Waiver Program and stayed longer than the admission period granted by CBP at your time of arrival, you are no longer eligible for the Visa Waiver Program. You are no longer eligible to obtain an Electronic System for Travel Authorization (ESTA) and if your ESTA was valid, it will be denied. You will require a nonimmigrant visa for entry in the future. You can find information about applying for a visa from the United States Department of State by visiting https://www.state.gov.

Edited August 7, 2022 by Family

[SusieQQQ 11,586]

15 minutes ago, Family said:

Here’s the Cavalry : CBP

Even though it is addressing VWP/ ESTA prior , I take it to mean ALL other overstays .

 

But OP has nothing to lose in attempting ESTA as it’s a very quick response time. 

 

https://help.cbp.gov/s/article/Article-3668?language=en_US


What happens if I overstay my admission period without receiving an extension?

If you entered the United States via the Visa Waiver Program and stayed longer than the admission period granted by CBP at your time of arrival, you are no longer eligible for the Visa Waiver Program. You are no longer eligible to obtain an Electronic System for Travel Authorization (ESTA) and if your ESTA was valid, it will be denied. You will require a nonimmigrant visa for entry in the future. You can find information about applying for a visa from the United States Department of State by visiting https://www.state.gov.

But the prior overstay wasn’t on VWP, it was on J1.

And no, you don’t get to decide that the clause is broader than they say lol. They specified VWP, so I assume that is what they mean. If they wanted to say any overstay they would have said that.

 

So I am still waiting for someone to produce something that says OP is ineligible for ESTA because of a J1 overstay. I agree it will likely be very difficult, but that is not the same thing.

 

 

Edited August 7, 2022 by SusieQQQ