I overstayed my us visawaiver visa by exactly 9days? what shall I do now to get in again for a holiday?

Question

I want to go back in september so making it 6 months since my last visit. I am a frequent traveller to the us and never stayed more than 3 weeks prior to this overstaying.

Answer 1

That's crazy, I overstayed the same amount of days, but on a B1/B2 visa.  I did it unintentionally as I rang USCIS, 3 months before I left for home and the lady on the other end informed me that I had 30 days grace to leave the country after the date on my 1-94.  So I left 9 days after the date on my I-94.  But I think she was confused with which visa I had and gave me incorrect information.  I am thinking this, because I previously had a J1 work visa that gives you 30 days grace after you finish working, but this time I was on b1/b2 visa and there's no mention of a grace period on the US govt website.  But for you to get back into the US, you will need to apply, in your country of citizenship, for a B1/B2 visa or you will be denied entry, because you can no longer enter the US on the visa waiver.  Does anyone know since I overstayed on a B1/B2 visa, if I am still eligible to enter the US on the visa waiver program?   I'm Australian (living in Oz) with an American girlfriend (living in the US), and I'm currently applying for a H2b visa to work at a ski resort over the winter, but I can only enter the US 10 days before my job starts, approximately mid November. I left the US Nov 1st last year.  Here is the problem, I want to enter the US for her birthday in October.  I was planning to enter the US on the visa waiver program in October, then leave for Mexico or Costa Rica with my girlfriend and then re-enter the US on the H2-B visa, assuming I can even get a H2b visa, since I overstayed.  If anyone knows if I can still travel on the visa waiver program or has any advice on how I can get this done, I love to hear it?!  Marriage is our last resort!

Answer 2

Apply for a tourist visa at the US embassy in your country.

Answer 3

If you've overstayed your previous VWP trip by more than a day or two, US immigration won't allow you back in without some sort of visa. What type of visa depends on what you'll be doing here, but for most folks, you'll need a B1/B2 visitors visa for tourism. Fortunately, you're not legally precluded from getting a tourist visa after a 9 day overstay, but you will be asked why you didn't make it back in time and why you want to go back so soon, so getting the visa may not be all that easy depending on your circumstances.

Answer 4

When you overstayed did you inform the Dept the reason for your delayed departure. You should have done that and requested for to condone the action. Armed with that copy, if duly acknowledged by the Dept., you may seek entry again for a holiday. The immegration officer may not allow you entry if your reporting is found to be evasive.

Other alternatively apply to the Consulate before your departure of the incident and request them for their intervention to avoid being deported immediately on your arrival in USA.  No other via media be attempted and once a negative factor in noted in their records it will be very difficult to erase or overcome the same.

Hope there is some time gap from your last trip and the present trip contemplated.

Answer 5

You need to apply now for a visitors visa. Don't waste any time as you need to be sure you have it in hand in time for your trip. The US Embassy in London slows down over the summer. You are going to have to explain why you overstayed before and show evidence of strong ties to bring you home in time.