Raljix

I overstayed the VWP by 13 months 2 years ago. One would imagine I am serving my time on the 10 year ban from re-entry. My question is this, Is there any process of petition in place to have this ban overturned? How does one know if they are actually banned? Does one receive a formal ban notice or am I just flagged if I attempted to re-enter? Does anyone actually know the hard facts?

Thanks in advance

hungryhorace

You're flagged when you attempt to return. You'll need to get a US visa application submitted for a B1/B2.

Raljix

If I applied for the B1/B2 I am guessing the chances of approval are slim to non? What about appeal to the ban though? Is there something in place to have it overturned?

Pulaski

Bans are rarely overturned, even if you're married to a USC who is resident in the US and you have children. Is there anything exceptional about your circumstances that make you think a ban might be overturned?

Noorah101

Maybe. Some visas allow a hardship waiver to be filed, some don't. What visa will you be applying for?

One either does research (as it seems you've done), or they consult with an immigration attorney, or they show up at the US POE and are informed of such.

No formal notice is given at the time the ban starts, no. You should be notified as you attempt to re-enter, and that is when the US POE agent will make a note in your passport.

Have a consultation with an experienced immigration attorney. He should know the hard facts.

Rene

hungryhorace

You won't know unless you apply. The main reason I can think of a denial is that your overstay is so recent. I would suggest working on evidencing ties to your home country between now and applying for the visa.

What would be your reason for appealing such a ban?

Raljix

If the decision maker actually took the time to understand and consider the reasons and points as to why I overstayed then yes absolutely. I do however believe any application would just be "rubber stamped" as denied. I don't know, I am here to put the feelers out to better understand what processors are involved.

hungryhorace

Did you file any extension of your visa waiver status due to these reasons you overstayed at the time?

Raljix

No I didn't. I didn't think it was possible to extend the VWP. I did a little reading online and such but drew a blank on what to do or where to go.

hungryhorace

For future reference: https://help.cbp.gov/app/answers/detail/a_id/1024

sir_eccles

I don't think they care why you overstayed. We might but only because we're nosy.

Raljix

Multiple factors contributed to my overstay. One being the fact I got detained on my last entry to the US. Immigration held me for 5 hours and basically interrogated me. Their final comments were implying I wouldn't get entry if I returned to the US again. Not on the VWP anyway....

I had multiple 90 day visits within one year!

Noorah101

I don't understand how being detained 5 hours at the POE resulted in a 13-month overstay, though. All that did was delay your entry to the USA by 5 hours.

It's fine to have multiple 90-day entries within 1 year, as long as you didn't over stay any of those visits. If you visit too often, yes, you will get questioned at the POE and possibly turned away. Seems like they let you enter, though, so personally I'm still not sure why you overstayed. It can't be just because they detained you at the POE, that was upon entry and they finally let you in.

Rene

lansbury

I somehow don't think that putting forward an explanation that you overstayed because US immigration wouldn't let you back in the next time without a visa is going to gain you very much sympathy. I suspect in fact they may burst out laughing.

You need a reason along the lines of you were in ICU at deaths door for the majority of the time you overstayed. Even then you don't have much chance.

Raljix

Well as I said, I had multiple reasons at the time. I merely highlighted one factor that contributed to the decision to overstay. Its no problem really. As I stated, I was just curious as to any process to have the ban lifted. If it isn't possible then that's ok too...