Poor calculation - I-94W

[stefan1]

I am an Australian citizen who entered the United States for short-term business on my company's behalf via I-94W on August 2nd of this year. Due to poor calculation, I did not exit the US until 31 October of this year.

Based on these dates, did I overstay my i-94W by one day?

I am currently in the UK and I wish to return to the US for a short holiday before I return to Australia for Christmas. My return ticket to Australia leaves from JFK and I wish to visit the sights I did not get to see during my business stay.

What do I have to do to ensure entry into the US?

From what I have read, if I overstayed i-94w by even one day, I will not be permitted to re-enter the US with an i-94w and that I have to fill out DS-156 application for a visitor visa. Is this true? Am I able to apply for this while in the UK and at the US embassy in London?

How serious is this one-day overstay looked upon? It was a genuine oversight on my part and I did not intend to overstay.

Thanks in advance for your help.

[peace]

Hello,please review the following to see if you overstayed;
*Did the officer stamp a "valid till" date on your I-94w card when you entered US? What was it?
*Did you turn your I-94w in to the airline crew while departing the US?
*Do you have a copy of the I-94w?

I am an Australian citizen who entered the United States for short-term business on my company's behalf via I-94W on August 2nd of this year. Due to poor calculation, I did not exit the US until 31 October of this year.

Based on these dates, did I overstay my i-94W by one day?

I am currently in the UK and I wish to return to the US for a short holiday before I return to Australia for Christmas. My return ticket to Australia leaves from JFK and I wish to visit the sights I did not get to see during my business stay.

What do I have to do to ensure entry into the US?

From what I have read, if I overstayed i-94w by even one day, I will not be permitted to re-enter the US with an i-94w and that I have to fill out DS-156 application for a visitor visa. Is this true? Am I able to apply for this while in the UK and at the US embassy in London?

How serious is this one-day overstay looked upon? It was a genuine oversight on my part and I did not intend to overstay.

Thanks in advance for your help.

[stefan1]

Thank you for taking the time to reply to my enquiry. Please see my response in blue.

Hello,please review the following to see if you overstayed;
*Did the officer stamp a "valid till" date on your I-94w card when you entered US? What was it?

Not exactly. It was a green paper which stamped my entry date as 02 AUG 06 and said "valid for 90 days." It did not specify the exact expiry date or exit date.

*Did you turn your I-94w in to the airline crew while departing the US?

Yes.

*Do you have a copy of the I-94w?

My passport was stolen in the UK, where I am now, and I have now received a replacement passport.

What is the likelihood of being successful in applying for a new tourist/temporary visa from a foreign country that is not my home country?

[peace]

There was an immigration directive to entry officers in 2004 to allow one time
paroled entry to people who had inadvertent minor overstays on their previous vwp status. I guess you fall in that category, because you overstayed by only one day. So, in all likelihood, you should be able to enter.

The embassies do not have any database to verify previous overstays
of visa applicants. They rely on direct questioning and arrival-departure
stamps on the passports. Since you lost your last passport, there won't be any stamps showing any overstay. So, if you will go to apply at the US embassy in
UK, they will ask you why you were applying for a visa, since you could go on a vwp. The reason most people apply for visas when they could still go on a vwp is their wish to stay more than 90 days in US. That does not apply to you because your stay is going to be short. And if you will tell them you are applying for a visa because you overstayed the last visit, they will ask you to apply in australia because people having overstayed can only apply in their home countries.

In conclusion, if you really wish to go to US for the holidays, just fly in and see what happens.

Thank you for taking the time to reply to my enquiry. Please see my response in blue.

Hello,please review the following to see if you overstayed;
*Did the officer stamp a "valid till" date on your I-94w card when you entered US? What was it?

Not exactly. It was a green paper which stamped my entry date as 02 AUG 06 and said "valid for 90 days." It did not specify the exact expiry date or exit date.

*Did you turn your I-94w in to the airline crew while departing the US?

Yes.

*Do you have a copy of the I-94w?

My passport was stolen in the UK, where I am now, and I have now received a replacement passport.

What is the likelihood of being successful in applying for a new tourist/temporary visa from a foreign country that is not my home country?

[stefan1]

Major problem!

Thanks for your advice and help. Unfortunately, everything just blew up in my face today! Now, I have quite a mess on my hands and I would appreciate your advice again.

Today, at Air India/Heathrow, I was refused at check-in because I did not have an exit/return ticket.

I purchased a one-way ticket to JFK from Heathrow via Air India because I had a return ticket to Australia via JFK which I had purchased but postponed. I found out today from Qantas that I was unable to extend the flight which I had purchased. Now, I have no return flight!

I should have known better, but nonetheless, I am very upset. I do not understand why Air India would allow me to purchase a one-way ticket if they would just refuse me.

Now, in order to be allowed to fly to the US, do I need to have a return ticket to my home country or would I be able to purchase a ticket from the US to Canada (Montreal) to satisfy my "exit" ticket? I do not have the funds this week to purchase a ticket back to Australia, but I do not want to lose the opportunity to spend my holiday in the States.

This is a mess.

Thanks again,
Stefan

[peace]

Oh, sorry to hear that!!
True; if they had to refuse you at the airport, why did they issue you a ticket in the first place? I'd refrain from flying AI in future as it is an inefficient state owned airline. Probably, the only thing good about it is its food.

Did you take a oneway ticket frm US to UK?

I guess if you were to have any problems at US entry about the overstay question, the first thing they would want to see is your return ticket back home to australia. If I were you, I would arrange some funds and buy a UK-US-Australia ticket.( not AirIndia ).

Thanks for your advice and help. Unfortunately, everything just blew up in my face today! Now, I have quite a mess on my hands and I would appreciate your advice again.

Today, at Air India/Heathrow, I was refused at check-in because I did not have an exit/return ticket.

I purchased a one-way ticket to JFK from Heathrow via Air India because I had a return ticket to Australia via JFK which I had purchased but postponed. I found out today from Qantas that my I was unable to extend the flight which I had purchased. Now, I have no return flight!

I should have known better, but nonetheless, I am very upset. I do not understand why Air India would allow me to purchase a one-way ticket if they would just refuse me.

Now, in order to be allowed to fly to the US, do I need to have a return ticket to my home country or would I be able to purchase a ticket from the US to Canada (Montreal) to satisfy my "exit" ticket? I do not have the funds this week to purchase a ticket back to Australia, but I do not want to lose the opportunity to spend my holiday in the States.

This is a mess.

Thanks again,
Stefan

[stefan1]

Oh, what a mess. I cannot arrange those type of funds that quickly.

Yes, I took a one-way from US to UK.

1. What is the likelihood of being refused if I have an exit ticket to Canada and not a return ticket to my home country?

2. If I am refused entry to the US at JFK, I will be "deported." Where do they deport me to? Do I just need to leave the country (e.g. UK or Canada) or am I deported to Australia?

[peace]

1. If there is no overstay issue, you may be allowed to enter without being asked for the ticket. They do not look at everyone's ticket.


2. I think it will happen only if there is this unresolved overstay issue. You will not be deported; deportation is for people who violate laws
after entering US. YOu will be asked to withdraw your application for entry,
and leave. I do not know if you have a choice of where you can go and who pays for the ticket.

Oh, what a mess. I cannot arrange those type of funds that quickly.

Yes, I took a one-way from US to UK.

1. What is the likelihood of being refused if I have an exit ticket to Canada and not a return ticket to my home country?

2. If I am refused entry to the US at JFK, I will be "deported." Where do they deport me to? Do I just need to leave the country (e.g. UK or Canada) or am I deported to Australia?