ian-mstm

This one! I agree with the other two posters.

Ian

scrubbedexpat099

If it was me that is also my choice.

cc27

Is that because you all three believe that my next Esta application will automatically be rejected even if still all answered no?

Also, can anyone confirm if it is possible for the border officers to add notes about you and details about previous conversations on a system that will show up when my passport is scanned?

I ask because although I believe the officer was wrong last time, as does everyone else, he told me to do something and I haven't done it if I go for option 2. I'm concerned this will be brought up and held against me.

Mick McCormack

This happened to me after six trips to the US without incident, then I was detained for four hours at LAX. I misread the "have you ever been arrested or convicted" I always took it as had I ever been convicted of anything. I decided that it would be better to just go to the Consulate in London for a B1/B2 visa, we have a house in CA so it was better for longer stays anyway.

In my experience it is better to just be open with them as it saves any possibility of grief later on. On my subsequent trip I was pulled into secondary for about four minutes and told to make sure that I didn't spend more time in country than allowed by my visa.

If you are arrested in the US your fingerprints will be uploaded from the Sheriffs department to the DHS and FBI databases and you will be stopped at immigration, period.

Pulaski

Because you still have a valid ESTA and therefore reapplying is unnecessary.

Immigration officers have a habit of telling people to do things that are unhelpful, unnecessary, or in the case of applying for a visa when you're VWP eligible, are unlikely to be achievable.

ian-mstm

No... it's because your ESTA is still valid.


Is it possible? Yes. Is it likely? No. However, even if it does happen - the officers misinterpreted the requirements and you haven't done anything wrong.


The officer is allowed to lie to you - and, in fact, many do... and on a regular basis. You are not required to acquiesce to the officer's suggestion. Why? Because you haven't done anything wrong.

In any case, do yourself a favor - fly into a larger airport.

Ian

ian-mstm

I note that you fail to mention your long overstay on the VWP which then required you to get a B-1/2 visa... so I'm not sure that anything you have written is entirely valid.


Umm... bullshit. And this has been proven so, umpteen times.

Ian

Mick McCormack

Wow you are a friendly bunch I am speaking from personal experience, the reason for the visa was my arrest record not the overstay. When I was stopped at the airport after so many visits, every one fingerprinted as you know, was because the database from the sherrifs department had been uploaded. I had this explained to me by the immigration chap when he interviewed me. If that is in your opinion invalid then that is entirely up to you. The overstay was down to circumstances beyond my control and we left the US under our own steam as soon as we were able to.

scrubbedexpat099

Overstay meant you were no longer VWp eligible.

Pulaski

A lot of what the "immigration chaps" say is erroneous, wrong, and unknowingly, or knowingly, a lie plain and simple. It's hard to determine under which category the (mis)information you were given falls under, but it is certainly not universally true.
Unless the overstay was caused by you being in intensive care and it was impossible for you to travel, the reason for your overstay is entirely irrelevant and has no bearing on you needing a visa. You overstayed, you need a visa, plain and simple.

crg

I agree, but take it a step further. The cause of the overstay is still irrelevant. Even if the person was in intensive care, VWP eligibility goes *poof* upon departure unless a satisfactory departure was granted in advance. Nobody has the authority to restore VWP eligibility following such an overstay. The reason for the overstay can be considered when processing the visa application.