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Denied Entry into America.

Melbourne, Australia
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Denied Entry into America.

I have been traveling for the last 5 years to America for 3 months a year to visit friends all over the US, Last year i accidentally overstayed my tourist visa (Waiver) by 1 day, due to booking my flight with delta that said my flight duration was 90days... turns out.. somehow it was 91 days... I am STILL very confused.

Anyways i went back over to America a couple of days ago and was detained, Refused entry and locked up and treated like a criminal..... They accused me of overstaying 2 days,, and gave me a date was incorrect... When i got home i looked up my flights and realized i went home the day before they are claiming..........

I was made to write a statement and admit i overstayed 2 days.. But i didnt, I only stayed the one day and i have the proof...

Now they are saying i have to apply for a Visa now.. B1/B2 before i come back......

is there a way to dispute this?? Anything i can do to get the VWP to change there mind??

my best friends live there.. i am absolutely devastated.

Also what are the chances of me getting approved for Visa, and when i get back over there.. as they said i will need to show means for being there now every year.. and have interviews the,.. i am a complete wreck :(

London, United...
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1. Re: Denied Entry into America.

I'm not sure of the relevance between the one or two days over stay. My assumption would be you over stayed, be it one or two days and that's the issue. You broke the terms under which you were allowed to stay.

I'm unsure about why you are confused about how long you stayed for, it should really be a simple mathematical calculation, count it out from the day of entry to day of departure. If it's over 90 days, which I think you admit it is, then you over stayed.

I think you need to apply for the visa as they have said. Causing more trouble for yourself by arguing if your overstay was one or two days, does not seem like a sensible solution to me if you ever want to go back, and I can't see the point of it, unless there is something I am missing?

Watford, United...
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2. Re: Denied Entry into America.

I was made to write a statement and admit i overstayed 2 days.. But i didnt, I only stayed the one day and i have the proof...

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Whether it was 2 days or one day, the point is you overstayed. Even if you dispute and prove it was only one day the authorities will not budge. You overstayed, simple as.

If you want to go back apply for a visa and do the interviews. The only people who know your chances of success will be the US authorities.

Thanks for posting... a stark warning regarding the strictness of US policy on overstayers.

London, United...
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3. Re: Denied Entry into America.

Unfortunately you did overstay.

Whether it be 1 day or 100 days it is still classed as overstaying.

It wouldn't put me off applying for a visa, AFAIK you have a personal interview and you can state your case at that time.

As far as being detained , it is unfortunate that it made you feel like a criminal. It is standard practice in many countries and is a way of ensuring that you are returned from where you came from.

Madrid
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4. Re: Denied Entry into America.

There is no possibility of the US changing their mind about the VWP.You will have to apply for a B1/B2.

You should also prepare yourself for the possibility an application for a B1/B2 will be declined.The US are very strict about overstaying.

Toronto, Canada
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5. Re: Denied Entry into America.

I was made to write a statement and admit i overstayed 2 days.. But i didnt, I only stayed the one day and i have the proof

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Does not make any difference whether 1 or 2 days, but now they actually have your written statement saying 2 days. Most likely 24 hours plus one minute equals 2 days to the authorities.

Sorry to sound unhelpful, but overstaying a visa in any country can often lead to very dire consequences

London, United...
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6. Re: Denied Entry into America.

Probably wise to take along evidence of travels within the US during each of the 5 three month periods you spent there, in case they think you were working there unofficially

Liverpool, UK
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7. Re: Denied Entry into America.

Assuming you entered on an ESTA the duration, as others have said, of the overstay is irrelevant and your only option is to apply for a visa which might or not be granted - that decision rests with the US authorities and any opinion here is simply conjecture.

Even if you are granted a visa I'd prepare yourself for possible questioning when you try to re-enter the US because you have as far as the US Immigration authorities concerned a history of overstaying your authorised entry.

Fredericia, Denmark
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8. Re: Denied Entry into America.

Both day of entry and day of departure count as a day.

London, United...
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9. Re: Denied Entry into America.

Hans has a good point.

Either way, just apply for the visa, it should not be something that makes you a wreck, get your historical bank statements from the bank, which will show how you supported yourself on your visits there, and have your friends details ready as well so they can verify who they are and that you stayed. Just stay calm and answer the questions and follow the process,

They are simply verifying why you are going in and what you do when there etc to ensure you should be allowed back in.

Few countries, if any,, look on someone who has overstayed lightly, it pretty much always triggers this sort of process. Just simply now you need to do an interview and provide some evidence before being allowed back, which is fair enough and should be relatively easy to do.

Dubai, United Arab...
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10. Re: Denied Entry into America.

The problem is you overstayed and broke the law. In the US overstaying your visa is (luckily for you) a civil offence (in the UK it is a criminal offence to my best knowledge).

The 90 day period on the Visa Waiver Program cannot be extended unless there is an emergency. Anyway you seem also not to have filled an exceptional extension with USCIS.

Whether you overstayed 1 or 2 days does indeed not matter. You have overstayed, been detained and removed. However the length of your overstay matters in terms of ban to re-enter the USA.

If you have overstayed less than 180 days and left the US prior to the institution of removal proceedings you will not receive a three years ban. You therefore should not receive a three years ban. “Should” because likely your removal has not been ordered but hopefully you have been refused entry due to lack of a valid visa, been detained and removed.

Now, you just have to apply for a visa - like millions of other people do every year. It will be more important to proof/create the conviction to the authorities deciding about your visa application and during the interview that you will not overstay the next time. You will not do yourself a favour if you argue the one or two day overstay. This will give the impression that you do take it too lightly and may overstay again.

Do not mention the treatment as well. You have only be detained likely till the next available flight – routine procedure.

Finally I would expect that once you have been granted one or two single entry visas you can then apply for a multiple entry visa. Once you have this you might be granted access to the Visa Waiver program again.