VWP overstay advice needed
 

Hi there,

I have made an effort to find answers but can see no direct advice.

I overstayed on my VWP by 8 months in 2007. Entered USA mid June 06 and left at the start of May 07.

I make no excuses and I accept that what I did was wrong and that I may never be allowed back into the USA. I was also arrested, received a caution and a $100 fine in NYC for a minor offence (taking a leak outside, being spotted by a policeman and then arguing back). I have not been in any trouble in the UK.

Unfortunately I have a wedding to attend in Boston being held in November.

What should I do?

1) Risk going in on the VWP? (I filled out the ESTA and no red flags came up)
2) Book an appointment with the US Embassy and ask for a Visa? (I have no problem doing this but I have no idea how to go about it)
3) Just not bother and make my excuses to the wedding party?
4) If I do go should I just get a Lawyer to sort this out?

The one thing I don't want is to get there and then be turned away. I am more than happy to hold my hands up and play by the book.

thanks,

William

Re: VWP overstay advice needed
 

1/ No.
2/ Yes -- find a B2 visa under non-immigrant visas on the US Embassy's website.
3/ Certainly the cheapest option.
4/ Probably not. Depends if you want to take a few hours researching or pay someone else to do it for you.

If you don't want any possibility at all of being turned away, don't come. A visa does not guarantee entry.

Re: VWP overstay advice needed
 

You were lucky, taking a leak outside is not a minor offense as it can result in being placed on a sex offender's register nowadays.

Here is a link to another forum's thread talking about it, in which a 'tonrob' whose tagline is 'brit in the USA' also commented.

http://www.city-data.com/forum/los-a...er-status.html

Re: VWP overstay advice needed
 

It's the flashing part that gets you into trouble as indecent I think rather than the actual taking a leak part...

Re: VWP overstay advice needed
 

Thankyou so far

Ideally, what I would like to know is if there is a way to confirm I am banned from the VWP without actually trying it out.

Does the freedom of information act in the UK (or even USA) allow one to access these kinds of files? It seems no one knows apart from the immigration officals. Surely they must have a file of information on me in order for them to make thier decision?

(Please keep emotions and personal feelings out of your answers as I am fully aware most of the expats will not be happy with the idea of someone wanting to "not do time for their crime"! This is not the case. I am more than happy to pay to get it sorted I just don't want to waste my or the US Embassy's time)

Re: VWP overstay advice needed
 

Hi,

When you didn't depart by midnight on the 91st day, you became ineligible to lawfully use the VWP ever again.

Once you overstayed more than 180 days and departed, you were inadmissible for 3 years from the date of departure.

Since it's after May of 2010 you no longer need a waiver of inadmissibility but getting the B2 may still be a problem.

You need a B2 visa if you want to visit. Attempting to use the VWP is perilous when one is not eligible. Even if you managed to make it in for the wedding, they can still pop you for the violation on the next trip, or any future attempt.

A few things were automatically triggered by your actions such as the VWP ineligibility and 3 year bar (now expired). The border guard that sees you is required to act on the conditions created by such triggers if/when they identify them. Even if they don't have "a file" now, they can likely easily access the information about your overstay.

BTW: Did the police just ticket you, or did they bring you in? Was it before or after the 90 days ran out?

If the police problem occurred after your 90 days ran out, you are lucky you didn't get locked up, ordered removed and barred for 10 years. They can essentially scoop anyone who was admitted under the VWP off the street and summarily remove them as they also waive most of their rights to appeal the government's decision not only at entry, but throughout their stay.

Re: VWP overstay advice needed
 

What did you do with the green I94W form when you left the US in May 2007? Did you hand it back to the airline representative or did you keep it? They would have this information on you i.e. that they have not received your green stub back within the 90 days limit and secondly every commercial airline is required by law to provide CBP with the name of passangers departing the US so a quick look on the computer would reveal that you did not leave the US within the required 90 days. So I would advise against attempting to just fly over with a vaild ESTA. It would be too risky and it is more likely than not that you would be sent back to the UK. I'd apply for a visa. Good luck.

Re: VWP overstay advice needed
 

Ah, yes... city-data.... a veritable refuge for the hard-of-thinking. Walked away from that site a couple of years ago due to it being overrun with utter cretins. :unsure:

Still - thanks for the memory!

Re: VWP overstay advice needed
 

You may want to consult with an immigration lawyer based in NYC. Your post simply invites more questions before a coherent recommendation can be made.