hugobss

Hello, I'am new in this forum.
My question is: Why my ESTA approved after a long overstay by VWP?As i know i have to get 10 years ban and ESTA should be denied. I called to u.s. embassy and they said that if ESTA approved after overstay - you are lucky and you can reenter. Is that true? When i left US nobody took my green i-94 form. I have two passports - old one (i used to travel and overstayed) and new one and both of them approved by ESTA. Does it mean that i still can travel under VWP or i have to go u.s. embassy to get a visitors visa and lie that i didn't overstay. I think they just don't know when i left US. I entered in 2008 and left in 2010. Also which Databases does ESTA check? Does it see exactly what officer see at POI?
Sorry for my english if i made some mistakes.
Thank you for help!

civilservant

If you previously overstayed you are barred from ever using the VWP again. You must apply for a visa. It will most likely be discovered at the PoE in the US when you arrive and you will be bounced straight back.

The sensible thing is to apply for a B2 and DO NOT lie. That will earn you a lifetime ban from the US with no right of appeal.

hugobss

So if i go to u.s. embassy to get a B2 visa and i say them true that i overstayed 2 years in USA, do i still can get a visa or i only get 100% denied visa and 10 years ban? Just wondering whether it makes sense to tell the truth...I know about lifetime ban, but i think 10 years or lifetime ban not so different. I'am not going to wait 10 years)

civilservant

Likely they will inform you of the 10 year ban and therefore deny the visa. Obviously it's your call, but attempting to enter on the VWP will just get you a flight home sooner than you anticipated.

It dosent make sense to tell the truth, you legally must.

At this point your chances to getting to the US are zero - so you should forget about entering the US.

NatashaB

I always thought it was strange that the ESTA didn't have a specific question regarding overstays. Definitely go the B2 route.

hugobss

Ok,Thank you. I don't see any reasons to tell them the truth, because it does not give me anything, except 100% denial B2 visa, 100% 10 year ban, lost money for visa and big ,,Thanks'' from u.s. consulate for your honesty. There is no logic. I think if you lie in embassy, it gives you chances...little chances, but chances.

hugobss

What B2 route gives me?

newXgate

If you did indeed overstay for two years, the consulate will deny the visa based on the 10 year ban. Believe me, for recent visits such as yours they will know when you entered and left.

You can get what is known as a waiver of inadmissibility for the 10 year ban but only for exceptional circumstances, ie extreme hardship to your US citizen/resident spouse or relative. If you do apply for the waiver you need to apply for the B2 visa and be denied first. If you do not meet the requirements for the waiver it is probably a waste of time and money to apply for the B2.

Be aware that if you were to attempt entry to the US using the visa waiver schme (ie relying on the ESTA and not a B2 visa) during your 10 year ban period you will likely be detained in a prison cell prior to being deported and will then face a lifetime ban.

materialcontroller

What is so important to you that you simply must go to the USA, even if it means overstaying, telling lies, breaking the law and risking being barred from there for the rest of your life?

rebs

My understanding is that overstaying in the US makes you ineligible to ever use the VWP, so you don't even make it over the first hurdle to then be answering the ESTA questions.

celticgrid

So you don't mind losing the money associated with the plane ticket and whatever other costs you incur to get to the US? For sure, when they bounce you back they aren't going to offer you a refund on your ticket.

Yes, lying (whether on the ESTA system or as part of a B2 application) does give you extra chances....chances to undergo some experiences that, to be honest, most normal people would not seek out. However, you seem determined to experience the fun activities that will most likely be associated with the consequences of your lies.

bruceba

If the embassy said you are good to go, why would you ask a public forum where no one here can can you a definite answer. I would give it a go. i am sure that hundred's of thousands of overstayers re-enter the US every year.

fatbrit

Silly person.

scrubbedexpat099

I have seen people admitted who should not have been admitted.

It does seem to depend on how long ago the incident was, more recent then they are much more likely to have you in the system.

No whether you will be admitted or bounced back or detained, well if you want to see let us know what happens.

There is a waiver for an overstay ban BTW.

lansbury

Yes they do. The information, including your passport details, were on the airline manifest when you departed. That will have been submitted by the airline.