boruchn

in brief:
british citizen here living in the UK: i am trying to figure out if i'm on a 'block list' from the USA for overstaying a visa about 20 years ago. and, if yes, how do i get an exception to travel for a wedding in NY 3 weeks. ty.

history:
about 20 years ago i overstayed a visa and only became aware i was on a block list when i attempted to come for a brothers wedding in NY and was held up at immigration at JFK. i was finally released after verifying with a wedding invitation and other details.

about 5 years, i wished to visit NY again to see a friend and had an appointment at the US embassy in london to check if it was ok for me to visit. my request was rejected on the grounds that i had no ties (job or marriage) in the UK.

any advice much appreciated. tyia.

Noorah101

What visa did you overstay? How long did you overstay?

If you overstayed on the VWP (No visa), you can never use that again, and now need s B-2.

If you overstayed an actual visa, i think the maximum ban time is 10 years. So if this was 20 years ago, you should be able to get another visa now, assuming you now have stronger ties to the UK.

Whether that will happen within 3 weeks, I don't know.

Rene

civilservant

I'm afraid you have left it a too late to get a visa at this point - you can't use the ESTA because of the overstay, and visa interviews are pushing right up against your window right now - I'm not sure you could ever get in for the interview before the date you intend to travel.

Noorah101

Are you sure a visa overstay means never using the VWP? I know a VWP overstay means that, but does a visa overstay mean that as well?

Rene

civilservant

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

That's a current ESTA question - seems likely a yes to that gets you a denial.

Pulaski

Around 5 years ago he appears to have applied for another visa, so I suspect that he is, in any case (for other reasons), ineligible for the VWP.

Noorah101

Interesting, Thanks.

Rene

scrubbedexpat099

3 weeks may be possible but pushing it, apply and find out.

Will mean being gouged on a ticket if it happens.

crg

The wording of 222(g) of the INA would preclude VWP usage following a visa overstay. Obtaining a new visa in the home country or country of nationality would overcome the problem. This law went into effect on April 1, 1997 (same date at the 9B overstay law). I do not believe it was retroactive. I agree with the poster who mentioned that the ESTA would likely be denied.


222(g) 2/ (1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.



(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except-


(A) on the basis of a visa (other than the visa described in paragraph (1) issued in a consular office located in the country of the alien's nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or

(B) where extraordinary circumstances are found by the Secretary of State to exist.