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Applying for an ESTA (overstayed visit visa as a minor)

Applying for an ESTA (overstayed visit visa as a minor)

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Old Aug 14th 2021, 2:41 pm
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Default Applying for an ESTA (overstayed visit visa as a minor)

Hello, I travelled to the United States as a minor (at the age of 5 months) with my family on a visitors visa. My family and I overstayed our visa - though we did apply for a change of status/ and applied for permanent immigration. After trying to obtain a green card for many years, we decided it be best to move back to the UK as we are British citizens. I left the United States at the age of 15. I am now 30 years old and have lived in the UK since. I've gone to university here and am in full time employment. I would like to visit the United States as I would like to attend my friends wedding. I do not think I am eligible for an esta, but not exactly sure. Am I eligible for an ESTA, or would applying for a B2 visa be my best bet? Any help at all would be much appreciated.
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Old Aug 14th 2021, 2:54 pm
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Default Re: Applying for an ESTA (overstayed visit visa as a minor)

Question 8 on the ESTA application
Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?

Answer Yes or No.
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Old Aug 14th 2021, 3:16 pm
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Default Re: Applying for an ESTA (overstayed visit visa as a minor)

What was your status in the US when you left at age 15? You say you applied for change of status but did you get it?

According to your earlier posts you applied for immigration to the US in 2015 - submitted a DS260. What happened with that?

Last edited by SanDiegogirl; Aug 14th 2021 at 3:19 pm.
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Old Aug 14th 2021, 3:28 pm
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Default Re: Applying for an ESTA (overstayed visit visa as a minor)

Originally Posted by chunkylvr678
Hello, I travelled to the United States as a minor (at the age of 5 months) with my family on a visitors visa. My family and I overstayed our visa - though we did apply for a change of status/ and applied for permanent immigration. After trying to obtain a green card for many years, we decided it be best to move back to the UK as we are British citizens. I left the United States at the age of 15. I am now 30 years old and have lived in the UK since. I've gone to university here and am in full time employment. I would like to visit the United States as I would like to attend my friends wedding. I do not think I am eligible for an esta, but not exactly sure. Am I eligible for an ESTA, or would applying for a B2 visa be my best bet? Any help at all would be much appreciated.
I am sorry you have to go through this given that you had no say at the age of five months.
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Old Aug 14th 2021, 3:43 pm
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Default Re: Applying for an ESTA (overstayed visit visa as a minor)

You are not clear about what status you were admitted on in the time you overstayed. If you overstayed the Visa Waiver Program, by law you are ineligible to use the VWP ever again. If you overstayed a visa status (like B2), there is no law that says you are categorically ineligible for VWP, but you would have to answer that you overstayed on the ESTA application, and there is a good chance of denial.
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Old Aug 14th 2021, 4:52 pm
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Default Re: Applying for an ESTA (overstayed visit visa as a minor)

You've been in and out of the US and I see that you once again applied for permanent residency through the US Embassy's London office back in 2016. Assume you were unsuccessful.

Your USC son was 17 in 2009 assume that is who petitioned for your US visa in 2016.

Has your youngest son obtained his UK citizenship yet? Is your husband now in the UK with you and the family?

Since you have attempted so often through your years in the US with your parents and while living in the UK to get PR status in the US, your attempt to obtain a B visa (tourist) has little chance of being successful. Yes, I don't think you are eligible to use the VWP.
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Old Aug 14th 2021, 5:47 pm
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Default Re: Applying for an ESTA (overstayed visit visa as a minor)

I think this thread is being used by multiple 'chunkylvr678's
The original 'chunkylve678 claimed she was born in 1982 (as per earlier posts) and would now be 40 years of age.
THIS poster says he is 30.
So one of the sons referred to in an earlier post? (although a mother of 40 and a son of 30 does not match up either)
Who tried for the 2016 immigration process (as per earlier post) is anyone's guess?
I agree, I don't think he will be successful for a B2
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Old Aug 14th 2021, 6:19 pm
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Default Re: Applying for an ESTA (overstayed visit visa as a minor)

You need to apply for a B.
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Old Aug 14th 2021, 6:34 pm
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Default Re: Applying for an ESTA (overstayed visit visa as a minor)

Originally Posted by Rete
You've been in and out of the US and I see that you once again applied for permanent residency through the US Embassy's London office back in 2016. Assume you were unsuccessful.

Your USC son was 17 in 2009 assume that is who petitioned for your US visa in 2016.

Has your youngest son obtained his UK citizenship yet? Is your husband now in the UK with you and the family?

Since you have attempted so often through your years in the US with your parents and while living in the UK to get PR status in the US, your attempt to obtain a B visa (tourist) has little chance of being successful. Yes, I don't think you are eligible to use the VWP.
Other questions for consideration. Why would the 2016 petition be denied? How could they attempt to obtain permanent resident status whilst on B2 visas? And why where those applications refused? Sounds like a lot of fraud has been attempted here perhaps? And yes no chance of the B2 visa they are just sending good money after bad as the old saying goes. And another thing when is the wedding which is the entire purpose of travel? If very soon unlikely to be possible due to the travel ban if nothing else.
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Old Aug 15th 2021, 3:57 am
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Default Re: Applying for an ESTA (overstayed visit visa as a minor)

Originally Posted by SanDiegogirl
I think this thread is being used by multiple 'chunkylvr678's
The original 'chunkylve678 claimed she was born in 1982 (as per earlier posts) and would now be 40 years of age.
THIS poster says he is 30.
So one of the sons referred to in an earlier post? (although a mother of 40 and a son of 30 does not match up either)
Who tried for the 2016 immigration process (as per earlier post) is anyone's guess?
I agree, I don't think he will be successful for a B2
The OP mentioned a 17 year old son in 2009 who is a US citizen

I have a son of the age 17, and he is an american citizen, and he too is here in the UK. is there a way for my son to continue living in the UK legally by extending his stay? can he work/study?
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I agree, very confusing.
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Old Aug 15th 2021, 11:51 am
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Default Re: Applying for an ESTA (overstayed visit visa as a minor)

Thanks for your reply. My son is a British citizen now, as well as my husband.

Originally Posted by Rete
You've been in and out of the US and I see that you once again applied for permanent residency through the US Embassy's London office back in 2016. Assume you were unsuccessful.

Your USC son was 17 in 2009 assume that is who petitioned for your US visa in 2016.

Has your youngest son obtained his UK citizenship yet? Is your husband now in the UK with you and the family?

Since you have attempted so often through your years in the US with your parents and while living in the UK to get PR status in the US, your attempt to obtain a B visa (tourist) has little chance of being successful. Yes, I don't think you are eligible to use the VWP.
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Old Aug 15th 2021, 11:53 am
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Default Re: Applying for an ESTA (overstayed visit visa as a minor)

Unfortunately did not get the right to stay in the US, therfore my family and I left the country. We applied for immigration and were unsuccessful.

Originally Posted by SanDiegogirl
What was your status in the US when you left at age 15? You say you applied for change of status but did you get it?

According to your earlier posts you applied for immigration to the US in 2015 - submitted a DS260. What happened with that?
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Old Aug 15th 2021, 11:54 am
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Default Re: Applying for an ESTA (overstayed visit visa as a minor)

Thank you for saying that. It has really complicated things. Hopefully I can find a way to return one day

Originally Posted by destone
I am sorry you have to go through this given that you had no say at the age of five months.
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Old Aug 15th 2021, 11:56 am
  #14  
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Default Re: Applying for an ESTA (overstayed visit visa as a minor)

Thanks for your message. It was a B2 visit visa we overstayed on, not the VWP. Any advice on what I could do? Apply for another B2?

Originally Posted by newacct
You are not clear about what status you were admitted on in the time you overstayed. If you overstayed the Visa Waiver Program, by law you are ineligible to use the VWP ever again. If you overstayed a visa status (like B2), there is no law that says you are categorically ineligible for VWP, but you would have to answer that you overstayed on the ESTA application, and there is a good chance of denial.
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Old Aug 15th 2021, 3:17 pm
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Default Re: Applying for an ESTA (overstayed visit visa as a minor)

Originally Posted by chunkylvr678
Thanks for your reply. My son is a British citizen now, as well as my husband.
Who is it that is writing this thread? The son or the mother?

In the first post you say you are 30 and have completed university in the UK.
Now you are saying you have a son (who was 17 in 2009) and a husband.


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