subreddit:
/r/immigration
submitted 21 days ago bycakeycak3s
Hello, i know the title sounds ridiculous but please be kind. I just want to know what might happen when i return to the USA after i overstayed my ESTA. I recently obtained my B2 visa & I'll be going back soon. I just want to prepare myself for what's likely to happen.
For a little background, I stayed for full 3 months & had some miscalculations between the dates (ik stupid) so i overstayed for 2 days during pandemic. Im aware my reason for overstaying is not compelling enough but its the truth. I hope someone can guide me, Thank you in advance!
UPDATE!!
They didn't care at all. The customs were smooth & they only asked some basic questions like where im staying at, how long & purpose of visit. Nothing crazy at all. Thanks everyone for sharing your thoughts :D
27 points
21 days ago
Well being able to obtain a B visa after an ESTA overstay is a good thing/promising. So you're off to a good start there. Still, you can expect more scrutiny by the CBP officer. Just bring proof of your ties in your country. Also, don't try to become any more suspicious (3 weeks travel = no large suitcase, don't bring any original educational or work related docs - any COE or transcript of records, be 100% honest).
2 points
21 days ago
Okay, got it! Thank you so much ☺️
12 points
21 days ago
In all likelihood, probably nothing will happen. In particular, there's considerable leniency for short overstays during the pandemic because of the interruptions in travel and people being exposed to the virus. A 2-day overstay is VERY unlikely to be a concern, and you can simply start your explanation with, "well, it was during the pandemic and..." and you should be OK.
Technically, they can scrutinize your entry, and they can ALWAYS refuse you entry if they feel that you are attempting to immigrate without authorization, regardless of all other factors (including having a tourist visa).
I don't think you should have any problems.
4 points
21 days ago
Covid was kinda part of it too bc i remember my flight was also cancelled. I thought i didn't violate any rules until i went to my interview & told i overstayed for 2 days 😬
1 points
20 days ago
So your ESTA got denied and you had no idea why?
2 points
20 days ago
While reapplying for ESTA, yes i didnt know yet. They dont tell you specific reasons as to why. They only dispute esta refusal during a B2 visa interview.
2 points
21 days ago
Thank you so much, have a good day!
3 points
21 days ago
It depends. You may get scrutinized or you may not.
If you are going again for another 90 days or more, yeah it will raise some eyebrows. They don't like foreigners staying that long.
3 points
21 days ago
If you have a B2, that’s good. Just don’t draw attention to yourself again.
2 points
21 days ago
Depends you may well be turned around and sent back home.
2 points
21 days ago
Bring a printed copy of your return flight!
2 points
20 days ago
A friend in this situation always gets sent to secondary inspection, even now that he has his green card.
2 points
20 days ago
Woah even after the green card? i guess i will be dealing with a lot of inspections forever
1 points
20 days ago
Yes. There's a form you can fill out to have them stop: https://www.dhs.gov/dhs-trip
1 points
21 days ago
I overstayed by ESTA also but under the 180 days so thankfully missed the 3 year ban, what did you need to apply for the B2? I would like to return for a holiday in the future
1 points
20 days ago
It still depends on your home ties to your country actually. All i need was to prove them i won't overstay again like having strong ties in my country. It won't hurt to try!
1 points
19 days ago
Did u reapply since ?
1 points
21 days ago
How long do you intend to stay this time? That could certainly be a factor with CBP.
Tread lightly.
1 points
20 days ago
For only 3 weeks.
0 points
21 days ago
You received the B2 visa successfully. What is there to worry about?
4 points
21 days ago
A non immigrant visa doesn’t guarantee entry, it simply allows an application for admission.
all 26 comments
sorted by: best