Overstayed VWP - Can I still vacation in US?

[KT510]

Hi there,

I worked in the US on a 2 separate h2b visas in 2010 and 2011. In 2012 I returned in February via the VWP. I applied for extension (which was later refused) so I was out of status from June. I overstayed as my partner (US citizen) lost her mother in June and then my partner passed away in November. I became her full time carer towards the end of her life.

I applied to return on a h2b visa but was refused a visa three times. Each time the officer at the consulate told me my overstay was extreme circumstances and that I am not banned from the country in any way. I was refused under Section 214(b).

My ESTA is still valid until Jan 2014. Is it possible to return on that return to the US for a holiday? Am I likely to be refused entry at the port of entry? Or do I have to re-apply for an ESTA (stating that I have been refused a US visa)?

Any help would be greatly appreciated.

Many thanks

K

[cafeconleche]

The ESTA is useless now. Once you've overstayed or been refused a visa, you must apply for a visit visa. You can't use the VWP again. When you applied for your visas, did you have documentation of your partner's condition? If you don't have solid ties to your home country, it might still be tough to get a visa (hence the 214(b) denial - you have failed to overcome the presumption of your intention to immigrate to the US).