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  • overstay of vwp 90 days

    I am very confused by some different answers I have seen on this board about overstays of the vwp. Can anyone please give me the correct ruling on the 90 day vwp, if you overstay are you subject to the 3-10 year banfrom the first day you overstay, or does that not come into affect until you have overstayed more than 180 days? Also if you wish to visit again can you do so using the vwp or do you need to have your passport stamped with a visa if you can gain one in the future?

  • #2
    I am very confused by some different answers I have seen on this board about overstays of the vwp. Can anyone please give me the correct ruling on the 90 day vwp, if you overstay are you subject to the 3-10 year banfrom the first day you overstay, or does that not come into affect until you have overstayed more than 180 days? Also if you wish to visit again can you do so using the vwp or do you need to have your passport stamped with a visa if you can gain one in the future?

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    • #3
      Normally if admitted under the waiver for 90 days, a 3 year bar can happen if one stays a total of 271 days - 90 + 181, or a 10year bar i ones stays 456 days - 90+366. If one overstays the waiver (90 days) by as little as 1 day, that person could be denied admission on their next (or some subsequent) trip, without recourse. If one applies for a visa, one might have to explain why he or she abused the waiver privilege in the past.

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      • #4
        I just like to add that you automatically lose the VWP privilige once you overstayed (even one day). In order to return to the US after the overstay one must obtain a visa which will be significantly harder to obtain because of the overstay.



        http://www.immigrate2us.net

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        • #5
          Yes, once you overstayed, you will need a Visa.
          Not only that, if you never overstayed, but somehow BCIS got your records wrong (airline mistake upon entering exit data, did not return your I-94W upon departure, etc.) you will have problems at POE. I know, AA made a mistake on my exit record in 1998 (Entered Jun instead of Jan), and I must do a lot of explaining every time I enter the USA now (now I travel with a lot of documentation to prove I did not overstay + go to the USA as seldom as possible)

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          • #6
            I don't know peoples sources here...but I visited the US last year on the VWP to visit friends and travel after finishing university....I ended up missing my flight as our car broke down on the way back from a road trip...I ended up leaving the country 5 days late......I.e. i overstayed 5 days....7 months later I revisited my friends for a 2 week vacation from work entered the US on the VWP and had absolutley no problems at all....Since then I have applied for a L1 which has been approved......

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            • #7
              You can only overstay a visa -- it doesn't make sense talking about an Visa Waiver overstay...

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              • #8
                no its right you CAN overstay on a vwp i did apparently (although i applied for I539 to extend my stay in usa according to british consulate i overstayed cos they do not recognise the 539 here so the only way back in usa is a travel visa (which overstay was going to cause problems to get ) so i got stuck here until 129f is approved (spent a fortune on phone to consulate to find out this stuff )

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                • #9
                  You can apply for extention of status when you enter on a visa waiver. After 90-days you should leave. Many do not, and they automatically fall out-of-status. After having an USC spouse petition for you, you can get your green card. It's that simple.

                  Comment


                  • #10
                    It should read:

                    "You cannot apply for..."

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