Overstay and possible lawyer help

[SusieQQQ 11,584]

10 minutes ago, Lil bear said:

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

those chances are probably pretty much the same regardless of entering on VWP or a visa, though. We’ve seen cases here of people refused entry on both. As for consequences, they range from just having to note something on future forms to entry bans, though the latter normally require that CBP has found actual evidence or has very strong reason to believe that the applicant intends to overstay. 

[Lil bear 3,833]

7 minutes ago, SusieQQQ said:

those chances are probably pretty much the same regardless of entering on VWP or a visa, though. We’ve seen cases here of people refused entry on both. As for consequences, they range from just having to note something on future forms to entry bans, though the latter normally require that CBP has found actual evidence or has very strong reason to believe that the applicant intends to overstay. 

Yep.. its the unknown which is hardest 

[Family 3,508]

4 hours ago, Mike E said:

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.  

The ESTA application will not get past the eligibility question #8,:see attached, even OP is aware of that, not sure why others always insist there is any chance it will get approved whenever this subject comes up.

 

😎 Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?

 

https://esta.cbp.dhs.gov/eligibilityQs

[Boiler 43,516]

VWP specifies that certain issues make someone ineligible to use it, the obvious one in this sort of situation is being refused VWP entry.

 

Quite why they ask questions rather than state someone is not eligible in this J etc case I do not know, suggests it may be possible.  And I have seen far too many weird cases to suggest that ESTA would never be approved despite how unlikely it seems. If it was a clear no then just state that the person is not VWP eligible.

 

Someone with a newly minted B where a particular situation has been reviewed by the Consulate and making a normal trip, could they have problems well not impossible but not very likely.

[Family 3,508]

5 minutes ago, Boiler said:

Quite why they ask questions rather than state someone is not eligible in this J etc case I do not know, suggests it may be possible

A yes  to any one of the 9 questions , render applicant ineligible  to move forward w application, therefore they are quite clear and leave no room for the “ give a try approach “ 

 

 

[Family 3,508]

ESTA is just the mechanism for  VWP  applicants , thus not a separate “ program “ so the criteria is the same. 
 

 

ESTA is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP). Authorization via ESTA does not determine whether a traveler is admissible to the United States.

 

https://www.cbp.gov/travel/international-visitors/visa-waiver-program

[Mike E 11,723]

Whether ESTA is approved or not matters not.  Using an approved  ESTA in this scenario is juice not worth the squeeze.  

Edited August 8, 2022 by Mike E