QUESTION
What can we do about a 12 hour overstay on a vwp being deported on next visit?
Asked on Jul 18th, 2016 on Immigration - North Carolina
More details to this question:
Friend visited US on VWP. Flight arrangements made by travel agent. Return flight was made on 90th day but 12 hours later. When friend checked in at US airport, border patrol asked what day she was leaving. She told him what day. He stamped passport with day prior to that and never said a word. She did not look at date because travel arrangements already made by travel agent and didn't know she would be overstaying or she would have changed flight. Next trip to US she was detained and deported for a previous 12 hour overstay although the ESTA site and VWP said she was ok to travel.
1 ANSWER
CBP determines whether someone can be admitted. Even with valid ETSA a person can be denied entry on the VWP. Your friend's overstay effectively cancelled her ERSA by operation of law. To return to the United States, your friend will need to apply for a visa at the U.S. Embassy. She may also need permission to reapply for admission. It will depend upon what exactly transpired during her last entry. Your friend should have an attorney review any paperwork she was given by CBP.
Answered on Jul 19th, 2016 at 3:29 AM