Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Thread Tools
 
Old Oct 11th 2009, 10:31 am
  #31  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
crg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond repute
Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by A I
That's true too. I had never heard of that happening, so I did not consider it. Since you would be providing false info on a government form, I guess it could be charged as fraud, and god knows what else. It seems what I described is a "bad" case, but it could be even worse

Oddly enough, the form doesn't ask about prior overstays.
crg is offline  
Old Oct 11th 2009, 1:22 pm
  #32  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by mrjamesadams
Im fine with getting the b2 - but im worried that because of my overstay they wont give it...
If you don't apply, there is a 100% chance you won't get it.


... or will that be okay
If you are both honest and contrite... you'll probably be fine.

Ian
ian-mstm is offline  
Old Oct 11th 2009, 7:22 pm
  #33  
Just Joined
Thread Starter
 
Joined: Oct 2009
Posts: 11
mrjamesadams is an unknown quantity at this point
Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

so hang on a second - crg is saying that they DONT ask about overstays on the form? is this true?
mrjamesadams is offline  
Old Oct 11th 2009, 7:34 pm
  #34  
Account Closed
 
Joined: Mar 2004
Posts: 2
scrubbedexpat099 is an unknown quantity at this point
Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by mrjamesadams
so hang on a second - crg is saying that they DONT ask about overstays on the form? is this true?
It is not asked on the I 94w, it is not relevant.
scrubbedexpat099 is offline  
Old Oct 11th 2009, 7:59 pm
  #35  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by Boiler
It is not asked on the I 94w, it is not relevant.
Not relevant?
Maybe because the person is not even supposed to apply (use the form)?

Q: Who Is Eligible to Use the VWP?
A: To qualify for admission under the VWP, you must:
..
Not have failed to comply with the conditions of any previous admission under the Visa Waiver Program;
meauxna is offline  
Old Oct 11th 2009, 8:30 pm
  #36  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by mrjamesadams
Im fine with getting the b2...
Good. Do it... and be done with it.


... they DONT ask about overstays on the form? is this true?
You can't use the VWP. I fail to understand why you can't get your head around that simple tidbit of information!

Since you seem bent on your path towards self-destruction, I suggest a moderator close this thread.

Ian
ian-mstm is offline  
Old Oct 11th 2009, 10:06 pm
  #37  
Just Joined
Thread Starter
 
Joined: Oct 2009
Posts: 11
mrjamesadams is an unknown quantity at this point
Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Im not doubting that i cant use the vwp program...what im questioning is whether or not they KNOW if i overstayed or not....

although they have the i94 from when i left which was a new one...remember...i got back to the uk and sent back my original i-94, lying about the date i came back..i made it look like i had come back a week earlier.
so..they might have received that form and put it into their system that i didnt overstay.

LIke i said - my passport was NOT scanned when i left america..all she had was my i-94 which she just threw in a pile of other i-94's anyway.
mrjamesadams is offline  
Old Oct 11th 2009, 10:20 pm
  #38  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
crg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond repute
Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by Boiler
We are told that all the data bases connect, the Airlines tell them who is leaving and arriving.
Quoted for emphasis.
crg is offline  
Old Oct 11th 2009, 10:24 pm
  #39  
BE Enthusiast
 
hopeful_Mark's Avatar
 
Joined: Jan 2008
Posts: 709
hopeful_Mark has a reputation beyond reputehopeful_Mark has a reputation beyond reputehopeful_Mark has a reputation beyond reputehopeful_Mark has a reputation beyond reputehopeful_Mark has a reputation beyond reputehopeful_Mark has a reputation beyond reputehopeful_Mark has a reputation beyond reputehopeful_Mark has a reputation beyond reputehopeful_Mark has a reputation beyond reputehopeful_Mark has a reputation beyond reputehopeful_Mark has a reputation beyond repute
Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by mrjamesadams
Im not doubting that i cant use the vwp program...what im questioning is whether or not they KNOW if i overstayed or not....

although they have the i94 from when i left which was a new one...remember...i got back to the uk and sent back my original i-94, lying about the date i came back..i made it look like i had come back a week earlier.
so..they might have received that form and put it into their system that i didnt overstay.

LIke i said - my passport was NOT scanned when i left america..all she had was my i-94 which she just threw in a pile of other i-94's anyway.
I am not an expert, but from what I understand, all airlines submit passenger information to the country where you are flying to. If that is the case on record somewhere is the date you left the USA so the I-94 may be irrelevant, I think your biggest problem is the fact you tried to cheat the system by putting the wrong date on the I-94 you sent back.
My personal thoughts on this are very simple you have ESTA you have a booked flight, go to the US and see what happens, you will either get in or you will be turned away. There is not a single person on this forum who can tell you with 100% certainty that you will be accepted or declined. If and I say if because I think you may be i for dissapointment, you do manage to get in it will be because you have cheated the system. Everyone posting in here is telling you the correct way to do things, most people don't like to hear the truth when it doesn't fit the plans that they have.
hopeful_Mark is offline  
Old Oct 11th 2009, 10:45 pm
  #40  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by mrjamesadams
Im not doubting that i cant use the vwp program...what im questioning is whether or not they KNOW if i overstayed or not....
If you stop right at that point, what difference does it make? You are not qualified to use the VWP by your own admission. ESTA makes no difference. You did not comply with the terms of a previous VWP entry and are therefore not eligible to use it again. It says so on the VWP info page at CBP and on the ESTA registration site.

Why does it matter whether or not they know, if it is a fact, it is a fact.
meauxna is offline  
Old Oct 12th 2009, 7:50 am
  #41  
Just Joined
Thread Starter
 
Joined: Oct 2009
Posts: 11
mrjamesadams is an unknown quantity at this point
Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Actually i havent booked my flight yet...
You see im just not convinced i will get a b2 visa.When i was backpacking 1.5 years ago - I did it for about 11 months. That involved 4 entries to america, with 'visa runs' in between. The first time i went to costa rice for a week - 2nd and 3rd times i went back home to england. THen on that 4th trip, due to the fact that i wanted to attend a music festival in california, i overstayed by a few days (not i think about it, it wasnt even 8 - it was about 4 or 5..but not 8).

So they are going to look at their screen and see all these visits close together...and surely assume that i was 'living' or 'working' in america right?
mrjamesadams is offline  
Old Oct 12th 2009, 9:58 am
  #42  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
crg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond repute
Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

It may come down to how established you are at this point. You better have a compelling reason to return to your home at a specific time and ties to your home that you clearly have no intention of abandoning.
crg is offline  
Old Oct 12th 2009, 12:28 pm
  #43  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by mrjamesadams
THen on that 4th trip, due to the fact that i wanted to attend a music festival in california, i overstayed by a few days (not i think about it, it wasnt even 8 - it was about 4 or 5..but not 8).
You really need to get your story straight. In your first post, you said, "I was backpacking and due to a problem with my flight, i overstayed by 8 days." So... what's the truth? Music festival? Flight problem? 4 days? 8 days? Your credibility's pretty much shot now... and if you think we're a tough audience, just wait until you're trying to explain yourself in front of the guy who's deciding whether or not to grant the visa!

Ian
ian-mstm is offline  
Old Oct 12th 2009, 12:31 pm
  #44  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
crg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond repute
Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

He did have a problem with his flight..... he didn't feel like getting on one before his stay expired.
crg is offline  
Old Oct 12th 2009, 3:21 pm
  #45  
Lost in BE Cyberspace
 
Duncan Roberts's Avatar
 
Joined: Oct 2003
Location: Avon Lake, OH
Posts: 5,270
Duncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond repute
Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by mrjamesadams
LIke i said - my passport was NOT scanned when i left america..all she had was my i-94 which she just threw in a pile of other i-94's anyway.
So when you check in what do you think they do with your passport when you give it to them? Have a laugh at the bad pictures or make sure it matches what they have in their system? What do you think they do with those I-94's? Throw them away?

I'm also curious how a) you proved you returned a week earlier since it's hard to prove something that didn't happen and b) how saying you went back a week earlier when you overstayed by 8 days would even help since both would be overstays.
Duncan Roberts is offline  


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.