Patrioticemma

Hi. I overstayed an e2 visa due to failure of the business and trying desperately to make it work. I understand I will not get an esta now. Should I apply for a visitor visa....do I apply for waiver of eligibility. Please help if u can.

newacct

How long did you stay after the date on your I-94 before you left the US? Did you file any Extension of Status or Change of Status?

Patrioticemma

More than the 1 year after I should have gone..I was trying to claw back the failing business. No. Didn't file anything while I was there. Didn't realise o could. Thank you

christmasoompa

Noorah101

An overstay of more than 365 days results in a 10- year ban. I don't think there is a way to overcome the ban. As christmasoompa asked, how long ago did you leave the USA?

Rene

scrubbedexpat099

You can apply for a B2 to visit, you have a 10 year ban for the overstay that can be waived if you are considered otherwise eligible.

Factors that may be relevant include how long ago this was and your stability in presumably the UK.

Why do you wish to visit the US.

Patrioticemma

because I left my children's father there. I was so worried about being deported I just left. Now the kids can't see their dad . Is there any way i can get a ban waiver if I can show friends who would be able to confirm they will make sure that I leave within good time. I have friends who would be willing to do that. And I would make 120percent sure I wouldn't over stay. My kids r too young to fly on their own .

scrubbedexpat099

You did not answer when you left.

Why can he not travel, child support arrears?

How would they make sure you left, well without committing a criminal offence?

lizzyq

How old are your children?

Patrioticemma

10 year and 8 years.

Patrioticemma

I left 3 months ago. I didn't commit offense apart from overstaying.

scrubbedexpat099

I would give it a year or so, let the Father do the visiting in the mean time.

newacct

You can apply for a B2 visa, and then be denied due to the ban. Then the officer will let you know the steps to apply for a nonimmigrant waiver.

materialcontroller

Not quite correct.

You only apply for the visa, not the waiver. If the visa is denied because of an ineligibility issue, the consular staff will then decide whether or not to recommend the applicant for a waiver.
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Rete

Is the father of your two children an American citizen? Were you married to him? Why did you not contact an immigration attorney to find out what you could and could not do to remain in the US legally?

As for your one question, no, a friend cannot vouch for you by saying they know you will not overstay your B2 visa or that they will physically escort out of the US before the date on in your passport. Doesn't work like that.

As others have said, the children's father will have to be the one to do the traveling unless the children can travel to the US with an adult.