VWP overstay / ESTA / B2?

Old Jun 2nd 2012, 10:29 am
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Default VWP overstay / ESTA / B2?

So about two years ago I flew from the UK to Rochester, NY via Toronto (went through immigration there). I wanted to spend some time with a girl. The return ticket was booked for 88 or so days later. Turned out that my return flight was cancelled due to that whole Icelandic-ash-cloud thing but, frankly, I didn't want to leave anyway (see: in love/youthful stupidity etc.) I ended up flying to London from JFK about a month after my visa waiver expired. (Took a while to borrow some money to book a new flight but, yes, obviously not a very good excuse.)

I would, of course, love to be able to visit the US again. I'm very happily settled in Germany now with a lovely job, apartment, fiance and all the rest. I'd just like some advice on the actual practicalities of returning for a week's holiday. I just tried the ESTA website and it approved me. A bit of reading here suggests that doesn't mean much?

So: tourist visa? What are the chances of me getting one now? Any advice would be greatly appreciated.
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Old Jun 2nd 2012, 11:02 am
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Default Re: VWP overstay / ESTA / B2?

Originally Posted by yamsmith
So about two years ago I flew from the UK to Rochester, NY via Toronto (went through immigration there). I wanted to spend some time with a girl. The return ticket was booked for 88 or so days later. Turned out that my return flight was cancelled due to that whole Icelandic-ash-cloud thing but, frankly, I didn't want to leave anyway (see: in love/youthful stupidity etc.) I ended up flying to London from JFK about a month after my visa waiver expired. (Took a while to borrow some money to book a new flight but, yes, obviously not a very good excuse.)

I would, of course, love to be able to visit the US again. I'm very happily settled in Germany now with a lovely job, apartment, fiance and all the rest. I'd just like some advice on the actual practicalities of returning for a week's holiday. I just tried the ESTA website and it approved me. A bit of reading here suggests that doesn't mean much?

So: tourist visa? What are the chances of me getting one now? Any advice would be greatly appreciated.
Hi,

The consular officer has a lot of discretion and the short overstay does not prevent them from issuing one if they feel like it. A lot will depend on your current situation and ties. It's impossible to predict the outcome.

Of course if you attempt to use the VWP again you could potentially end up detained pending the next flight back and if you lie about the overstay during the encounter, you could be barred from the US for life without special permission. Also, even if you are successful on the next attempt, or the next, you will always have it hanging over your head each time because nothing says they can't act on that information at any time even if they've admitted you since the overstay.
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Old Jun 2nd 2012, 11:21 am
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Default Re: VWP overstay / ESTA / B2?

When the whole thing happened, there was mention that those who over stayed because of flights being delayed due to the ash cloud should be okay to travel, though that is probably with applying for a B2, so being able to visit the US shouldn't be a problem. Though I don't know if that's by getting a B2 first or not, though I'm sure a bit of googling might find more info.
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Old Jun 2nd 2012, 11:41 am
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Default Re: VWP overstay / ESTA / B2?

Originally Posted by Bob
When the whole thing happened, there was mention that those who over stayed because of flights being delayed due to the ash cloud should be okay to travel, though that is probably with applying for a B2, so being able to visit the US shouldn't be a problem. Though I don't know if that's by getting a B2 first or not, though I'm sure a bit of googling might find more info.
Good point. I was thinking about that too. They were granting "satisfactory departure" but that is limited to an additional 30 days and the OP said it was over a month later. The volcanic ash card could work in his favor. The part about scraping together more money for a ticket doesn't pass the sniff test because the airlines would have rescheduled a canceled flight without cost.
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Old Jun 2nd 2012, 12:03 pm
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Default Re: VWP overstay / ESTA / B2?

Op. if esta approved the vwp then, my suggestion would be to book a flight through Ireland where you clear US customs. If you get through then voila. If not then you are not to far from home.

Well at least 3000 miles closer at the very least.
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Old Jun 2nd 2012, 3:00 pm
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Default Re: VWP overstay / ESTA / B2?

Originally Posted by DavidLemon
Op. if esta approved the vwp then, my suggestion would be to book a flight through Ireland where you clear US customs. If you get through then voila. If not then you are not to far from home.

Well at least 3000 miles closer at the very least.
Though that is a double edged sword.

Because it is only a short flight back, they do tend to be more strict about things, where someone landing in the US might get a little more leniency.

Still, it probably is a better option than having to suffer a long flight of crap airline food
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