O1 visa and VWP overstay - HELP.

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Old May 21st 2009, 11:07 pm
  #1  
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Default O1 visa and VWP overstay - HELP.

If anyone can advise, would greatly appreciate it.

I have had one successful 01 visa from 2006 which is to expire in 2009.
I have been approved for another one with a new sponsor from 2009 to 2012. However, on entering the USA this week I was stopped by immigration as it turns out they i over stayed my VWP in 2004 two separate times. Once for 14 days and once by 1 day. The first time, i had taken a cruise to Canada, so (wrongly) had assumed that another 90 day period was granted, then the second time, my flight was rescheduled for the next day. I had no idea that this had happened and it has never been flagged before.

I am returning to Britain for my visa interview for my new O1 visa but have no idea what the implications of this oversight could be.

I understand that i can never use the VWP again but will i still be considered for the O1 visa?

Do I have to admit the VWP overstay in the interview?

I feel sick to my stomach with what could happen.

Please, if anyone has any advice, i'd love to hear it.
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Old May 21st 2009, 11:32 pm
  #2  
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Default Re: O1 visa and VWP overstay - HELP.

Originally Posted by catherineHill
If anyone can advise, would greatly appreciate it.

I have had one successful 01 visa from 2006 which is to expire in 2009.
I have been approved for another one with a new sponsor from 2009 to 2012. However, on entering the USA this week I was stopped by immigration as it turns out they i over stayed my VWP in 2004 two separate times. Once for 14 days and once by 1 day. The first time, i had taken a cruise to Canada, so (wrongly) had assumed that another 90 day period was granted, then the second time, my flight was rescheduled for the next day. I had no idea that this had happened and it has never been flagged before.

I am returning to Britain for my visa interview for my new O1 visa but have no idea what the implications of this oversight could be.

I understand that i can never use the VWP again but will i still be considered for the O1 visa?

Do I have to admit the VWP overstay in the interview?

I feel sick to my stomach with what could happen.

Please, if anyone has any advice, i'd love to hear it.
You have to answer the questions on the visa application and during the interview honestly and cannot use the VWP ever again.

There are no other consequences for short overstays of the VWP since you departed following the overstay without being caught. If you had been caught in the US during those 14 days, you would have been barred for 10 years.
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Old May 21st 2009, 11:37 pm
  #3  
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Default Re: O1 visa and VWP overstay - HELP.

Originally Posted by catherineHill
I understand that i can never use the VWP again but will i still be considered for the O1 visa?
Your prior VWP issues should have no negative impact on the O-1 visa.

Ian
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Old May 21st 2009, 11:39 pm
  #4  
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Default Re: O1 visa and VWP overstay - HELP.

Gosh, i hope that is true.
All i can say in the interview is the truth.
Thank you for your reply.
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