I overstayed my b-1 visa by 60 days due to a misunderstanding of the I-94 (I am British and misunderstood the dates as the US put the month before the date and read it wrong. 07/11/2019). In my head I had no intention to stay past that date as I had school to return to.

However, I do want to return to the US next year, 8 months later. I only want to stay for about 3-4 weeks to visit friends and my boyfriend. I do still have a valid ESTA until Sep 2020. Will I be able to return to the US?

I entered on the 13th of January and I can confirm that I left. It was hand written in my passport but I wasn't aware of this as I had no use for my passport throughout my time there and didn't really take a look at it until I needed it for ID back home (hence all the stress right now). I did look up my I-94 in the US just to check I had it and as I said I misunderstood the dating. The expiration date is the 3rd of January 2020.

  • If I'm understanding correctly, and filling in a few gaps with my best guesses, you're a UK citizen, you entered the US under the visa waiver program (that is, you completed the ESTA process and entered without an actual visa in your passport), stayed for 150 days, and then left. Is that correct or have I misunderstood? Nov 9, 2019 at 22:29
  • 1
    I think you have misunderstood. I first visited the US for 3 months under the VWP. I then applied for a B1 tourist visa which got approved. So I held both a Visa and an ESTA. The second time I travelled I was travelling with my Visa. So I had overstayed that visa by 60 days. I was not using my ESTA at the time, so I had not overstayed my VWP and it is still valid till Sep 2020
    – Maymay
    Nov 9, 2019 at 22:42
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    Ok thanks for clarifying. And just to confirm, it's fine to overstay the expiration date printed on a US visa (that's just the last date you can enter the US, excepting automatic revalidation), but you can't overstay the date on your I-94. It sounds like you've done the latter, and you can confirm that on the I-94 site if you haven't already, but I just wanted to make sure since the terminology of overstaying a US visa can be confusing. Nov 9, 2019 at 22:52
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    I've voted to close this question because several dates are still not clear. When did you enter the second time (was 13 January the first or second entry)? When did your second I-94 expire (I suppose this is the date you're asking about, 7/11/2019, but it's not clear)? When did you actually leave the second time? What expired on 3 January 2020?
    – phoog
    Mar 29, 2020 at 18:09
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    I suggest writing out in order a log of events and the dates on which they happened, listing all entries, departures, and I-94 dates. Mar 29, 2020 at 21:01


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