# Overstay Visa



## MMJ6 (Apr 6, 2013)

Hi,
I previously overstayed in the US, my flight booking was for more than 90 days and I was not warned or stopped by customs on either side. My original booking was for 112 days and US Customs seemed to have no issues as they let me through and never mentioned it. I also stayed a week longer due to illness. Since then, I have learned about the 90 day limit, and I was just told that since I have an overstay on my record, I cannot be accepted under the ESTA any more, and must therefore acquire a VISA to go back to the States.

Is this true? Would I be turned back at the gate? I was about to book my tickets when I learned of this information.

Thanks for any help, this new information may really mess with my plants.


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## Crawford (Jan 23, 2011)

MMJ6 said:


> Hi,
> I previously overstayed in the US, my flight booking was for more than 90 days and I was not warned or stopped by customs on either side. My original booking was for 112 days and US Customs seemed to have no issues as they let me through and never mentioned it. I also stayed a week longer due to illness. Since then, I have learned about the 90 day limit, and I was just told that since I have an overstay on my record, I cannot be accepted under the ESTA any more, and must therefore acquire a VISA to go back to the States.
> 
> Is this true? Would I be turned back at the gate? I was about to book my tickets when I learned of this information.
> ...


Overstaying on the VWP means that you cannot use the VWP again. You will need to apply for a B-2 visa.

Customs has nothing to do with how long you stay in the country, presume you mean Immigration. I have never been asked how long I was staying in the country, so unless you were asked specifically and had to show your return ticket Immigration would not have known you were staying for over 90 days.

The fact that you are trying to return for another 90 days (according to earlier posts you only left the US in April after a 40 day overstay) will not help your cause as you appear to have no to little ties to the UK.

The following is an article I found regarding overstays:

I overstayed by a week. Can I return to the U.S. on the Visa Waiver Program? - Nolo.com


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## BBCWatcher (Dec 28, 2012)

The U.S. has no immigration or customs checkpoints on exit, so nobody is asked any questions when exiting the U.S. (except in very peculiar circumstances involving a specific investigation or outstanding warrant). There is, however, data sharing. Airlines share passenger manifests with the government. This evidence shows that you overstayed and are thus now ineligible for ESTA.

Occasionally that data sharing is incorrect. If you did not overstay you can correct the record by supplying suitable evidence, or if you overstayed with good cause (e.g. your own medical incapacity) you can provide that information for consideration. But it sounds like you really did overstay without good cause, so you lost your VWP privileges.


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## Davis1 (Feb 20, 2009)

MMJ6 said:


> Hi,
> I previously overstayed in the US, my flight booking was for more than 90 days and I was not warned or stopped by customs on either side. My original booking was for 112 days and US Customs seemed to have no issues as they let me through and never mentioned it. I also stayed a week longer due to illness. Since then, I have learned about the 90 day limit, and I was just told that since I have an overstay on my record, I cannot be accepted under the ESTA any more, and must therefore acquire a VISA to go back to the States.
> 
> Is this true? Would I be turned back at the gate? I was about to book my tickets when I learned of this information.
> ...


your Esta is cancelled ... you need to apply for a B-2 ... it will probably be denied as well for abusing the visa waiver sytem...you can try again ayear later


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## Davis1 (Feb 20, 2009)

for some it gets really bad 


Barbara Dixon and Richard Cross locked up in U.S. after visa blunder | Mail Online


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## twostep (Apr 3, 2008)

Considering OP's intent to get married in the US during the next stay - IO may mess up his plans as he says.

BBCwatcher - I do not know where you get your information as you hardly ever set links but I can tell you that USCIS had every single one of my 30 years of crossing US borders on file recently. You can request the information by FIA.


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## mamasue (Oct 7, 2008)

Davis1 said:


> for some it gets really bad
> 
> 
> Barbara Dixon and Richard Cross locked up in U.S. after visa blunder | Mail Online



...and. we're expected to believe this couple weren't trying to commit visa fraud?
There's got to be more to this story....why would they get locked up in El Paso when they were trying to make a 'visa run' from Canada??

US jails are overcrowded already....5 weeks for 'making a mistake' just isn't true!!

Sorry... not trying to hijack the thread!!


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## BBCWatcher (Dec 28, 2012)

twostep said:


> BBCwatcher - I do not know where you get your information as you hardly ever set links but I can tell you that USCIS had every single one of my 30 years of crossing US borders on file recently. You can request the information by FIA.


We are not disagreeing. CBP does not get that information from passport control checkpoints because there are none at exit.


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