# on a visa waiver program - overstayed for 3months



## lochness (May 9, 2012)

Hello everyone

I am a British citizen married to a US citizen. I came to US 6months ago on a visa waiver program which is good for 3 months, but I ended up overstaying for another 3 months because my daughter was unwell

I plan to move to US permanently so what is the best thing for me to do now. Apply for a green card while I am still in the country, or go back and apply from the UK.

Will I be refused entry because I overstayed? What repercussions I could possibly have at the airport or on my overall application

Thank you


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## EVHB (Feb 11, 2008)

My advise is to contact an immigration lawyer.

Can your partner (US citizen) sponsor you? If so, why didn'nt (s)he start the process 6 months ago?


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## Crawford (Jan 23, 2011)

lochness said:


> Hello everyone
> 
> I am a British citizen married to a US citizen. I came to US 6months ago on a visa waiver program which is good for 3 months, but I ended up overstaying for another 3 months because my daughter was unwell
> 
> ...


From your earlier posts, you told the forum that you were intending to use the VWP program to enter the US while some 7 months pregnant. People advised you that this seemed like madness but you appear to have done so.

If you apply from the US for Adjustment of Status there is every chance that the immigration authorities will believe that you had every intent of staying in the US even though you entered on the VWP.

If you get refused a visa then there will be no appeal.

The safest way is to return to the UK and apply for a spouse visa.


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## lochness (May 9, 2012)

I have asked USCIS about applying for adjustment of status when you are on VWP and if it would have any negative effects, they said no as you are entering the country legally.


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## Crawford (Jan 23, 2011)

lochness said:


> I have asked USCIS about applying for adjustment of status when you are on VWP and if it would have any negative effects, they said no as you are entering the country legally.


Take a look at some of the examples on this following link:

I Entered The U.S. through the Visa Waiver Program. Can I Change my Status or Get a Green Card? - Attorneys in Silicon Valley, New York, Los Angeles, Chicago, Houston, and Austin

There are circumstances where you can apply for adjustment of status while in the US on the VWP and within the 90 day period. 

I can see a couple of things in your situation which might throw up red flags:

- you entered the US pregnant, with your US husband
- you have overstayed 3 months and are therefore out of status.

As the link explains the general principle is that you cannot change from the VWP to an immigrant visa; yes, it can be done but there are risks, one of which is that if refused there is no appeal.

You have to prove that you had no intent on staying. 

How lucky do you feel?


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## Crawford (Jan 23, 2011)

Having said what I said, I am again responding because with a 3 month overstay on the VWP you could be eligible for a ban on returning to the US once you leave the country.

It could be up to 3 years.

I would *strongly recommend* that you consult with an immigration lawyer as to your best course of action.


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## EVHB (Feb 11, 2008)

Crawford said:


> From your earlier posts, you told the forum that you were intending to use the VWP program to enter the US while some 7 months pregnant. People advised you that this seemed like madness but you appear to have done so.


Thank you for pointing that out. I don't like to spending time on people who willingly take such risks. Certainly not when they are in a position that they can take a safe and easy route (married to US citizen). There was a very safe way, now they will have to go for the more expensive/risky one.


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