Overstay and possible lawyer help

[Boiler 43,516]

Just now, SusieQQQ said:

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

Exactly 

[Lil bear 3,833]

2 minutes ago, SusieQQQ said:

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 if a J1 overstay. I agree it will likely be very difficult, but that is not the same thing.

My take .. @family has quoted 2 different info sections .. the first is in the VWP info about who CANNOT use VWP and it refers to overstaying on a visa.. no specific visa listed so I interpret that as all visas.. the second is an article specific to requesting an extension on a existing ESTA stay.. so it answers a specific issue but not to the exclusion  of other visa type overstays 

 

clear as mud? 

[SusieQQQ 11,584]

1 minute ago, Lil bear said:

My take .. @family has quoted 2 different info sections .. the first is in the VWP info about who CANNOT use VWP and it refers to overstaying on a visa.. no specific visa listed so I interpret that as all visas.. the second is an article specific to requesting an extension on a existing ESTA stay.. so it answers a specific issue but not to the exclusion  of other visa type overstays 

 

clear as mud? 

The first quote was not from an official website. It tries very hard to look like one, but it’s not.

[hoophead321 1]

38 minutes ago, SusieQQQ said:

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.

 

 

But as soon as I apply for ESTA and say "I overstayed" then it will be rejected.

[Family 3,508]

38 minutes ago, Lil bear said:

clear as 

Edited August 7, 2022 by Family
Delete

[EM_Vandaveer 2,370]

15 minutes ago, hoophead321 said:

But as soon as I apply for ESTA and say "I overstayed" then it will be rejected.

most likely, yes, worth a try, anyway, IMHO

[Letspaintcookies 2,208]

Applying for ESTA and getting denied won't hurt your chances further so if you have the money to spare try and see. If you get denied the ESTA then apply for a B2 and hope for the best.

[SalishSea 16,794]

32 minutes ago, hoophead321 said:

But as soon as I apply for ESTA and say "I overstayed" then it will be rejected.

Correct.   And you will need to divulge the overstay on any other visa application.

[Boiler 43,516]

Let us say for argument your ESTA was approved, the game is not over, actually that would be the easy part. You still have to board the plane and get through the PoE.

[SusieQQQ 11,584]

3 hours ago, hoophead321 said:

But as soon as I apply for ESTA and say "I overstayed" then it will be rejected.

That’s highly likely, as we’ve said. But a number of us would give it a try anyway because of the cost vs the benefit of doing so in the case that it isn’t is worth it. Up to you if you don’t even want to try.

Edited August 7, 2022 by SusieQQQ

[Cathi 5,613]

I'm with everyone else, try for the ESTA, if it gets denied it won't hurt you at all when you apply for a B2.

[Mike E 11,723]

13 hours ago, Boiler said:

Let us say for argument your ESTA was approved, the game is not over, actually that would be the easy part. You still have to board the plane and get through the PoE.

I expect a denial at the port of entry and an unpleasant one at that. OP might not even be permitted to withdraw application for admission. Instead I would expect a formal removal making it even harder to get a B visa.  
 

Just apply for a B visa after the ban is over.  

Edited August 8, 2022 by Mike E

[Dashinka 23,267]

I agree with @Mike E.  Ignore the VWP/ESTA, as even if it is approved, there is a big hurdle at the PoE.  Go for the B2, and outline all your current ties.

 

Good Luck!

[SteveInBostonI130 3,319]

17 hours ago, Boiler said:

Let us say for argument your ESTA was approved, the game is not over, actually that would be the easy part. You still have to board the plane and get through the PoE.

Doesn't Ireland have pre-clearance at Dublin?  If denied there it would just be a cancelled ESTA, I think?

 

There is a poker phrase which I forgot the exact wording, but in essence it's comparing odds of winning versus the bet versus the amount in the pot -- "value bet"?  Let's say there is 1 in 5 chance of getting a winning card on the next round, the pot is $100, and the bet to call is $10.  1 in 5  chance vs 10 to 1 value, and therefore a value bet.  If the pot was $20 and the bet is $10, then the 1 in 5 chance outweighs the 2 to 1 value. 

 

Something that came to mind while reading this post. 

Edited August 8, 2022 by SteveInBostonI130

[Lil bear 3,833]

14 minutes ago, SteveInBostonI130 said:

Doesn't Ireland have pre-clearance at Dublin?  If denied there it would just be a cancelled ESTA, I think?

 

There is a poker phrase which I forgot the exact wording, but in essence it's comparing odds of winning versus the bet versus the amount in the pot -- "value bet"?  Let's say there is 1 in 5 chance of getting a winning card on the next round, the pot is $100, and the bet to call is $10.  1 in 5  chance vs 10 to 1 value, and therefore a value bet.  If the pot was $20 and the bet is $10, then the 1 in 5 chance outweighs the 2 to 1 value. 

 

Something that came to mind while reading this post. 

Only counter this thinking is the question about consequences /impact of being refused at POE. Could be worse than current situation ..