Timeline for Who to contact about ESTA refusal for previously overstaying partner of US citizen?
Current License: CC BY-SA 4.0
23 events
| when toggle format | what | by | license | comment | |
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| Apr 3 at 9:19 | comment | added | phoog | @jmoreno I would suggest that it would be wise to consult a lawyer only if the US tries to assert that the "no" answer was willful misrepresentation. There's no point in paying a lawyer before applying for a visa; the application could well be successful. | |
| Apr 3 at 9:17 | comment | added | phoog | @void_ptr the lifetime bar arises for "willfully misrepresenting a material fact." There is no willfulness in this case because the applicant reasonably believed that he was entitled to answer "no." | |
| May 31, 2021 at 18:00 | comment | added | user102008 | Another consideration is, if there was more than 180 days between when your I-94 expired and when you filed I-485 for Adjustment of Status, you would have accrued enough unlawful presence to trigger a 3- or 10-year ban upon leaving. This ban doesn't affect permanent residents, but could affect you now that you are entering as a nonimmigrant. | |
| May 23, 2021 at 20:34 | history | protected | JonathanReez♦ | ||
| May 23, 2021 at 15:29 | comment | added | jmoreno | @Needhelps80: You said “we answered no”, I would suggest that deserves a lawyer as soon as possible, assuming that you ever intend to go to the US in the future. | |
| May 23, 2021 at 14:57 | comment | added | Needhelps80 | We answered no for the question with the overstay since I was comvinced that the overstay was forgiven with applying for the green cards and having them approved. | |
| May 23, 2021 at 13:10 | answer | added | jmoreno | timeline score: 0 | |
| May 23, 2021 at 4:21 | comment | added | void_ptr | OP may have material misrepresentation on record if they answered "Have you ever overstayed..." question with a "No". This means lifetime bar. Hoping this isn't what they answered but they would not have gotten ESTA approved with a "Yes" answer so... | |
| May 21, 2021 at 15:16 | comment | added | phoog | @J... There is a child. It looks like that information was edited out by another user. The other green card must have been for the child. | |
| May 21, 2021 at 13:18 | history | edited | phoog | CC BY-SA 4.0 |
added 8 characters in body
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| S May 21, 2021 at 13:14 | history | suggested | EarlGrey | CC BY-SA 4.0 |
Too many irrelevant personal details.
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| May 21, 2021 at 12:00 | history | tweeted | twitter.com/StackTravel/status/1395710998884102147 | ||
| May 21, 2021 at 9:24 | review | Suggested edits | |||
| S May 21, 2021 at 13:14 | |||||
| May 21, 2021 at 9:19 | comment | added | EarlGrey | The only possible answer to your question: the consulate. After having consulted a lawyer based in Germany and familiar with such cases (I guess there are some: due to relatively high number of US soldiers stationed in the country, I am statistically sure such a mess happened before and will happen again in the future). | |
| May 21, 2021 at 5:20 | history | became hot network question | |||
| May 21, 2021 at 3:38 | answer | added | user102008 | timeline score: 46 | |
| May 21, 2021 at 3:00 | comment | added | JonathanReez♦ | Getting a visa shouldn’t be too hard in your situation. I’d just get a B1/B2 visa as the easiest route. | |
| May 21, 2021 at 2:59 | answer | added | DJClayworth | timeline score: 7 | |
| May 21, 2021 at 1:13 | history | edited | Mikael Dúi Bolinder | CC BY-SA 4.0 |
Removed "thanks" according to guidelines. Suggested a more descriptive title.
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| May 20, 2021 at 22:50 | comment | added | user38879 | For the question you do ask, the ESTA application asks you "Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?". How did you answer that? If you answered "No" that probably explains why it took them a while to figure out you were ineligible. | |
| May 20, 2021 at 21:51 | comment | added | Traveller | Welcome to TSE. What exactly is your question? | |
| May 20, 2021 at 21:27 | review | First posts | |||
| May 21, 2021 at 4:24 | |||||
| May 20, 2021 at 21:19 | history | asked | Needhelps80 | CC BY-SA 4.0 |