IMizzle

Hi all. Thanks to anyone that's actually going to read this - I'm in need of some advice so hope you can help.

My father visited the US earlier this year - he has a British passport and went there using an ESTA visa. He clearly lost complete track of the time allotted to him on an ESTA visa and ended up overstaying by about a month before returning to the UK (he has family there). He attempted to return to the US a month later but was advised he would need to apply for a non-immigrant visa via the US Embassy as he's basically blown it on the ESTA - he found this out after purchasing his airline ticket and going to the airport to fly out (sigh).

Anyway, I was just wondering - in peoples' experience - is it less likely he'll be granted a visa to head out back there? Plus, is there any kind of time limit that he should wait before applying directly to the embassy?

I've checked through the site and haven't seen this specific query mentioned before so hope I'm not being a pain starting a new thread for an existing one. Any advice/tips/etc would be massively appreciated.

Thank you!

Hotscot

Just curious...was he buying one-way tickets?

Guindalf

Overstaying is considered pretty serious and could impact his return.

Because of the overstay, he can no longer use ESTA or the VWP and MUST obtain a B1 visa.

IF he managed to 'forget' when he was due to leave after 90 days and managed to stay another month, there would be questions about his intent and that would probably lead to a denial. Every denial must be declared on any future applications and time is the only healer. There's no way of knowing in advance what USCIS will do and the only way to find out is to apply.

I would strongly recommend NOT buying another ticket until he has a valid visa in hand!

IMizzle

I think his initial trip to the US was a one-way ticket, but when he flew back to the UK from the States, he had purchased a return ticket.

Guindalf

I'm surprised he was allowed through CBP with a one-way ticket in the first place!

Anyway, I hope the return portion is refundable because it's likely to be a number of years before he can use the return portion of his trip back from Blighty!

IMizzle

Thanks for the reply. Someone had advised him to wait a month or so before applying for his return to the US but I guess that's not something that needs to happen?

Yes, definitely won't be making the mistake of booking a ticket this time round without having secured the visa.

mikelincs

Might need to think about a much longer gap than that, possibly a year+, otherwise it smacks a little of desperate to get back to the US for some reason.

ian-mstm

To clarify, ESTA is not a visa. Indeed, there is no visa involved at all... which is why it's called the Visa Waiver Program. ESTA is simply permission to travel - he entered the US on the VWP.


Sadly, this is correct. Once an overstay takes place on the VWP, it can never be used again, and he must have a B-2 visa to visit the US.


If he's of retirement age, he may have an easier time getting a visa. If not, then he has a 50/50 chance... and, whether intentional or not, he's already demonstrated a disregard for US immigration rules and regulations.

His chances are 0% if he doesn't apply.


The longer, the better... but in this case, he really has nothing to lose.

Ian

IMizzle

Thanks for your reply. Suppose it may not be looking good for him but, as you say, nothing to lose in making the application. Thanks again.

Ray

He will not get the B-2 as he overstayed and abused US law
he can try again in 5 years

crg

So he overstayed and then bought a round trip ticket from the US to the UK, and back to the US.. Yeah.... this person was what is commonly referred to as an "undocumented immigrant" or "illegal alien" depending on who you ask. A visa is required for all future travel.

Not buying the "forgot to leave" and neither will the consular officer unless of course the official is a complete buffoon.

Noorah101

Maybe, maybe not. I don't think we can say for 100% certain.

Why 5 years?

Rene

sir_eccles

I suspect your father is being liberal with the facts, either deliberately or just forgetful. It might be worth just double checking when he traveled out and when he returned. Did he overstay 90 days or did he miss his return flight? Where in the whole story is this one way ticket, I find it hard to believe he was allowed to fly to the US on it.

If he did indeed stay more than 90 days, his only option is to apply for a B2 or stay at home.

Ray

I can .. what is life is certain ..besides death

seems a good number

scrubbedexpat099

I am not buying the forgot either.

He went for 4 months and then tried to return. All in the same year.

Probably a lot more going on than has been mentioned.

One thing when applying for a B2 will be the need to disclose his prior trips to the US.