Overstayed visa for 2 weeks in 1994, can I return as a tourist?
As the subject suggests I overstayed a work visa to the US in 1994, the exact overstay would have been less than 2 weeks, I have not re-entered since however I am looking at going back this year for a 2 week holiday.
At the time my daughter was 5 years old and so listed on my passport and visa. When she revisited the US in 2009 she was stopped in immigration. Not refused, just asked a couple of questions and then carried on. She has since applied for a redress number and has been a few times with no issues.
I have read a lot about a 10 year ban. Is this automatically added? I.e. I will have served mine now? I understand that you only start accruing those 10 years from the age of 18 which is why my daughter was stopped?
If I am over the 10 years can I apply for ESTA and answer no to the "have you overstayed" question?
Is there anyway of actually checking my status in their system?
Thank you
Best Answer
The automatic bans start at 180 days of unlawful presence, and you only have two weeks, so no automatic ban. Your daughter had no unlawful presence at all because of her age. See Unlawful Presence and Bars to Admissibility.
However, a record of overstay by itself creates a suspicion that you may overstay in the future. That is probably why your daughter was questioned. Be prepared to be questioned any time you try to visit the US, and bring evidence, in your carry-on, that you are going to leave the US on time.
Regardless of how long ago it was, answer "yes" to "Have you overstayed?". In general, every question must be taken literally and answered as asked. If they meant "Have you overstayed in the last 10 years?" they would ask that.
As @phoog pointed out in a comment, your ESTA application will probably be denied, but it is worth trying given the low cost of a denied application, currently $4. If your overstay had been on the Visa Waiver Program, rather than an actual visa, you would be barred from using the VWP.
If your ESTA application is denied, you can apply for a Visitor Visa. Again, you will need the best evidence you can assemble that you will leave the US on time. The very short duration of the overstay and the time since then are both in your favor.
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Can you come back to the US if you overstay your visa?
Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.How long can you stay after I-94 expires?
Once you reach the I-94 expiration date, your status ends, even if the other documents remain valid. There is no grace period beyond your I-94 expiration date while in H-1B status. Once your status ends or your employment ends, you need to make arrangements to depart the United States as soon as possible.Can you adjust your status if you overstay your visa?
You can adjust your status even if you overstayed your visa \u2013 as long as you originally entered the U.S. with a valid visa or visa waiver.Can I adjust status after overstay?
If you're an immediate relative of a U.S. citizen who entered legally (through a nonimmigrant visa, for example), you can adjust status to a green card holder by filing Form I-485 even if you overstayed a visa.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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