Waiver not approved/B2 denied and 10 year ban from the US = what now?

[eir123]

In 2001 I overstayed my visa by 21 months ending in leaving the US in July 2003. I was pregnant, my daughter was premature and I was advised not to travel until she was more than 6 months old. In the meantime I had applied and been accepted for an O Visa. When I went to a consulate to get it stamped in my passport, I was told that I had overstayed and could not be given the visa. I appealed on the grounds that my daughter was a US citizen and was granted the O visa. Since then I have never had an issue entering the US. In 2008, my husband and I were both awarded green cards on the basis of his international sports competitor status. In 2010, he was offered sponsorship in Europe, and after some travel to and fro, this year we both decided to abandon our green cards as we now live permanently in Europe.

We wanted to visit the US this coming friday for a family vacation. He was granted a visa waiver under ESTA, and mine was not approved. I went to an interview at the US Embassy where I was told that because I overstayed nearly 10 years ago, I now had a 10 year ban from the US starting now and ending in July 2013, 10 years from the date I left the US. They told me I could appeal but it would take 5 months and the ban would be up anyway. They would not reveiw the case or take any mitigating factors into account.

I now cannot travel, on top of that the oh so friendly immigration officer told me I would always have issues entering the US because of this, even though I never have in the last 10 years.

Is there anything I can do? Shoudl I just leave this to run its' course, or should I fight hard and appeal? What are my long term prospects for tourist travel to the US?

[nicoeppersma]

In 2001 I overstayed my visa by 21 months ending in leaving the US in July 2003. I was pregnant, my daughter was premature and I was advised not to travel until she was more than 6 months old. In the meantime I had applied and been accepted for an O Visa. When I went to a consulate to get it stamped in my passport, I was told that I had overstayed and could not be given the visa. I appealed on the grounds that my daughter was a US citizen and was granted the O visa. Since then I have never had an issue entering the US. In 2008, my husband and I were both awarded green cards on the basis of his international sports competitor status. In 2010, he was offered sponsorship in Europe, and after some travel to and fro, this year we both decided to abandon our green cards as we now live permanently in Europe.

We wanted to visit the US this coming friday for a family vacation. He was granted a visa waiver under ESTA, and mine was not approved. I went to an interview at the US Embassy where I was told that because I overstayed nearly 10 years ago, I now had a 10 year ban from the US starting now and ending in July 2013, 10 years from the date I left the US. They told me I could appeal but it would take 5 months and the ban would be up anyway. They would not reveiw the case or take any mitigating factors into account.

I now cannot travel, on top of that the oh so friendly immigration officer told me I would always have issues entering the US because of this, even though I never have in the last 10 years.

Is there anything I can do? Shoudl I just leave this to run its' course, or should I fight hard and appeal? What are my long term prospects for tourist travel to the US?

Under the terms of the visa waiver program, you will not be eligible to use the VWP if you have every overstayed or been denied a visa. You will be eligible to apply for a B1/B2 visa in July.