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I basically left the country after an overstay by myself with no order of deportation. I’d like to know what to do now, how to proceed. What’s the best I can do to come back to the country?

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    What is your citizenship? Were you in the US on the VWP or on a visa, and if so, which one? What was your age at the time? Did you work while in the US? When was that? How did you leave the US (air or land)? Were there any proceedings in progress? What do you want to come back to the US for? For how long?
    – jcaron
    Commented Mar 10 at 13:26
  • I am Italian. I came in with esta in 2017 and I left by air in 2020 when I was 27 yo during the pandemic. I did work I’m not gonna lie. I just wanna comeback to visit all my friends and stay there with them for a bit. On top of that fixing the situation and to be able to do back and forth from Italy anytime I want to.
    – Eddy
    Commented Mar 10 at 13:32
  • What does it say when you check you last I-94 or your travel history here?
    – jcaron
    Commented Mar 10 at 13:37
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    I personally think you are extremely unlikely to ever be able to re-enter the US, or at least not for quite a long time. You are no longer eligible to travel under the VWP/ESTA, and even getting a visa will probably be very difficult as you have shown total disregard for your conditions of admission. If you really want to go back to the US you will probably need a very good US immigration lawyer. I’m curious to see what other people think.
    – jcaron
    Commented Mar 10 at 13:46
  • It basically says the last time I came into the country and that’s it
    – Eddy
    Commented Mar 10 at 13:46

1 Answer 1

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Overstaying in the US for more than 1 year as you've done results in an automatic 10 year ban from entering the US. This ban starts from the time that you departed the US, so in your case would run through 2030.

Whilst it is possible to get a waiver to negate this ban, this is extremely rare and realistically is not going to happen when your reason for requesting to return is just to visit friends.

In addition to the 10 year ban, you are now also ineligible to use the Visa Wavier Program (aka ESTA) to enter the US for future trips. Before entering again you will need to obtain a US Visa, and it is far from guaranteed that you will be issued one given your previous overstay, even once the ban has expired.

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  • Guess the best option is to wait other 5 years then:)
    – Eddy
    Commented Mar 10 at 16:18
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    Even after the ban is over, you should get an immigration attorney in US to sort it out.
    – Anish Sheela
    Commented Mar 11 at 3:18

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