visa waiver
 

Hello.
In 2001 i enter us with a argentinian passport and a visa waiver. They gibe me 90 days permission to stay, BUT i stayed for longer and then leave. I never applied for a visa, green card.
Now, i have a spaniard passport. Can i go to US with a visa waiver program? or my be a problem? may i need to apply for a visa? Any suggestions or examples? thank you

*I enter by airplane true Atlanta airport and leave by airplane true Dallas/Fort Worth airport.

Re: visa waiver
 

You can't use the VWP ever again, and will therefore need to apply for a visa.

Re: visa waiver
 

No. You can never use the VWP again... ever.


You must apply for a visa.

Ian

Re: visa waiver
 

Thank you for the reply.

Just to be clear:
Having two different passports do not matter, for US immigration you are the same person, your name will ring the system

Re: visa waiver
 

Yes that is correct.

Re: visa waiver
 

Most advice here will be what is the legal way, according to the rules, not what you can get away with.

Re: visa waiver
 

One of the (many) requirements in order to be eligible to use the Visa Waiver Program is to "have complied with all conditions of any previous admission under the Visa Waiver Program".

Since you overstayed on a previous visit you failed to comply with the conditions of your admission and thus are (permanently) ineligible to use the VWP.

Having a different passport makes no difference - you overstayed and you are not eligible to use the VWP.

Re: visa waiver
 

crystal clear, not fraudulent intentions.

Re: visa waiver
 

Crystal clear, I do not have fraudulent intentions. But someone may or may not can get away with it. :unsure:

Re: visa waiver
 

No.

Yes.

Yes.

Yes, apply for a B-2 visa. You are no longer eligible for VWP travel.

Rene

Re: visa waiver
 

Correct.

Rene

Re: visa waiver
 

thank you for the law point of view. Anyone have "real life" experience? or have been in similar situations? maybe someone deported?

migrations laws in US its know for have "holes", and some "serious problems" can be fixed legally

Re: visa waiver
 

Are you sure it was an Argentinian Passport? I do not see Argentina on the VWP list of participating countries.

Re: visa waiver
 

Here's an idea... why don't you give it a try, and when things go belly up, come back here and complain that you didn't get good advice.

Otherwise, don't waste our time.

Ian

Re: visa waiver
 

Uh oh - somebody poked the bear one too many times. :scarper: