ESTA approved after long overstay
#16
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Joined: Jun 2012
Posts: 1,065











If you apply for a B2 at the embassy, but don't mention the overstay, what will be the reason you give for not applying for a visa waiver???
#17
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Joined: Aug 2002
Posts: 38,864
From: Kentucky











Ian
#18
American Expat










Joined: Jan 2004
Posts: 7,598











Some immigrant waivers require extreme hardship but he requirements for the waiver to visit aren't as severe as you describe. The reasons don't have to be so exceptional. They will way the severity and recency of the violation against the risk to the US and the likelihood that the person will violate again.
#19
Thread Starter
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Joined: Oct 2012
Posts: 5

Thanks for answers,but i still don't know why ESTA is approved. Also if i fill waiver of inadmissibility but i don't have a citizen or resident wife and parents in USA - Can i be admitted to USA?
#20
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Joined: Jun 2011
Posts: 4,891
From: UK











Because the system isn't foolproof or 100% accurate and mistakes get made. It doesn't matter anyway because you are not allowed to use ESTA by virtue of having previously overstayed. Your "approved" ESTA is essentially worthless.
You don't "fill waiver of inadmissibility" for a B2. You apply for the visa first and if the application is denied then the embassy decide whether to recommend you for the waiver or not.
I'd say you have a very small chance of being allowed, legally, into the US anytime soon.
I'd say you have a very small chance of being allowed, legally, into the US anytime soon.




