Overstayed on Visa Waiver Programme

[dom2468]

Hi everyone

I am a UK citizen and I was living in the USA between Jan and August of 1997 having entered legally on the Visa Waiver 90 day programme.
I spent nearly 2 months in Mexico between March and May of the same year but had no stamp in my passport to state that I had left the USA to travel to Mexico during that time. I left in August of that year to live in Sydney for 5 years.

I returned to the USA entering at Los Angeles to spend a few days with some friends of mine in April of 2002.
I was informed at the airport that I had overstayed by a total of 12 days back in 1997 and I would not be permitted entry to the USA at that time, or indeed ever again.

They have recorded my personal details.

Is it still the case that I would not be permtted to travel to the USA some 20 years later?
Can anyone please advise what additional measures I might be able to take in order to qualify for entry please?

Thanks in advance
dom2468

[krypton9591]

Hi everyone

I am a UK citizen and I was living in the USA between Jan and August of 1997 having entered legally on the Visa Waiver 90 day programme.
I spent nearly 2 months in Mexico between March and May of the same year but had no stamp in my passport to state that I had left the USA to travel to Mexico during that time. I left in August of that year to live in Sydney for 5 years.

I returned to the USA entering at Los Angeles to spend a few days with some friends of mine in April of 2002.
I was informed at the airport that I had overstayed by a total of 12 days back in 1997 and I would not be permitted entry to the USA at that time, or indeed ever again.

They have recorded my personal details.

Is it still the case that I would not be permtted to travel to the USA some 20 years later?
Can anyone please advise what additional measures I might be able to take in order to qualify for entry please?

Thanks in advance
dom2468

https://www.immihelp.com/trip-cancellation-insurance/time-bar-entering-united-states.html

[newacct]

Hi everyone

I am a UK citizen and I was living in the USA between Jan and August of 1997 having entered legally on the Visa Waiver 90 day programme.
I spent nearly 2 months in Mexico between March and May of the same year but had no stamp in my passport to state that I had left the USA to travel to Mexico during that time. I left in August of that year to live in Sydney for 5 years.

I returned to the USA entering at Los Angeles to spend a few days with some friends of mine in April of 2002.
I was informed at the airport that I had overstayed by a total of 12 days back in 1997 and I would not be permitted entry to the USA at that time, or indeed ever again.

They have recorded my personal details.

Is it still the case that I would not be permtted to travel to the USA some 20 years later?
Can anyone please advise what additional measures I might be able to take in order to qualify for entry please?

Thanks in advance
dom2468

When you entered in January you were admitted for 90 days until April, and when you entered in May you were admitted for 90 days until August (they probably shouldn't have admitted you at all, as a trip to Mexico usually doesn't reset your 90 days, but they did admit you, so they must have admitted you for 90 days). And then you presumably overstayed for 12 days in August between when the 90 days ended and when you left.

You did not trigger any bans upon leaving, as you only had 12 days of "unlawful presence" before you left (and even if you had years of "unlawful presence" and left, the maximum ban you could have triggered is 10 years which would have been long over now anyway), so whatever people told you was not in relation to a ban (there are no lifetime bans for simple overstaying without subsequent illegal entries anyway). They were probably just expressing their personal opinion that you may have poor chances to get a nonimmigrant visa like a visitor visa in the future.

Since you overstayed on the VWP, you are forever ineligible to use the VWP again. You have to apply for a visa to visit the US. You have no ban which means there is no waiver or anything special you need to apply for a visa. But not having a ban doesn't mean you will get a visa. Lots of foreigners are denied visas. Most types of nonimmigrant visas are subject to the generic denial reason of "failure to overcome the presumption of immigrant intent", and basically any negative factors in your situation or history could increase the chance of denial under this reason. Whether you overcome the presumption of immigrant intent is determined *each time* you apply for a visa, and a denial does not preclude you from being approved at a later application. It is impossible for anyone to predict whether you will be denied a visitor visa for this reason when you apply. Also, H and L work visas, and immigrant visas, are not subject to immigrant intent, so your ability to get those visas would be unaffected.

[dom2468]

Overstayed on Visa Waiver Programme

Hi all, thnaks ever so much for the responses provided. What type of visa would I need to apply for a tourist visa? Thanks again dom2468

[newacct]

Hi all, thnaks ever so much for the responses provided. What type of visa would I need to apply for a tourist visa? Thanks again dom2468

tourist visa is B2