Refused Visa Waiver, UK Citizen, Overstay!

[navatwal]

I am 30 years old and a UK citizen. I have been to the USA many times, always on a Visa waiver.

3-4 times between 88- 92. Left within 3 months

1994 Stayed for 5 months, 16 years old at time.with parents, Overstayed by 2 months as father fell ill.

1995 - Stayed for 2 weeks
1999 - 10 days

My most recent visit was in March this year after an absence of some 7 -8 years. I had filled out the advanced passenger information some 3 months before (dont know why). At JFK I was refused a Visa waiver and told to sit in a room full of asylum seekers, suspected dug dealers, smugglers and terrorists.

After 2 hours wait I was told that I would be refused a visa waiver because of an overstay stay nearly 10 years ago. The attendant wanted me out the country.

They gave me this one time offer (by law they have to) Pay for a I-193 Visa and they charged me $265.

How can they refuse me a Visa waiver when I have been back so many times without any problems? I left the USA after 3 weeks.

I may need to travel again some time soon and I want to go on a Visa waiver and not a $300 I-193 visa.

How can I get this matter resolved? What do I say to plead my case, I was a minor at the time and the overstay was by 2 months due to illness.

Also I have been back many times and never have overstayed or ever intended to either.

what is the likelihood of me re-joining the visa waiver programme?

Any advice on this will be appreciated.

[navatwal]

How about talking to the US embassy in London?

Sending them a letter, or making an appointment.

What do you think?

[waitin_toolong]

The reason you were denied this time is that due to the digitization of old records make it easier to pull up the records and spot such overstays. You may have to get a visitor visa from the consulate not the overpriced visa you were given this time.

[navatwal]

I will be sending the consulate a letter this week in regards to my troubles.

Do you think I can get the right to a Visa Waiver re-instated seeing as ive been like 12 times and only overstayed once by only a couple of months due to illness.

Im also pretty sure that I only got pulled up on this because I gave advance passenger information some 2 months before. The rest of my family overstayed also and much longer also but they have travelled fine.

[peace]

The law says that you have to get a visitor visa to enter again if you overstay on a VW once. It was an oversight on the inspectors part on your prior visits and your family members' visits.

But once detected, no letter writing to consulate will work because you have to do what the law says --- get a visitor visa to enter US again.
If you go this time without a visa, they won't even give you an I-193 waiver
(they gave you the I-193 , the first time because you were unaware about the whole process)

so the only recourse for you is to apply for a visitor visa this time explaining the visa officer at the embassy the whole story.

[navatwal]

Surely their can be some form of appeal?

I was 16 at the time and was ill therefore overstayed by a few months. Ihave been some 10 times and never overstayed so what is their problem.

as for the actual visa application, how do I make one? Can I do it without attending the embassy and what is the cost?

[peace]

-visa waivers and visitor visas are privileges given to aliens by US govt , these visas are not rights of aliens so there is no appeal process for these visas.

-all of what you said does not matter , they have to go by the law .

-Google search 'US embassy london' , you will find all the info for visa application on that website.

[navatwal]

So do you think that im wasting my time sending a letter explaining this overstay that occurred when I was a minor and travelling with my parents.

I just hate the hassle of applying ofr a visa.

[peace]

yes you are.

you have no choice ; and let me tell you you may have to explain a bit to the interview officer about your overstay and there is no guarantee you will get the visa.

[navatwal]

Thanks a lot for your help,

What if i claimed that the person they are talking about wasnt me and its some sort of misunderstanding, I could say that this was my first entry into the US seeing as my last entry was 8 years ago and the mentioned overstay occurred some 13 years ago.

Is there any chance this way?

[navatwal]

Also my passport has been changed twice since,

My current and previous passports dont show any entry into the USA.

Any way forward?

[navatwal]

I was not deported, I had to pay for a VISA on the spot.

But thanks for your help, Im not being naive but i find this whole procedure rather harsh

[peace]

navatwal

I'd advise you the following;

*Be completely honest. They can trace all the past records especially after 9/11. Your lie will be easily detected and you will be in deeper trouble.
( permanently ineligible for misrepresenting facts)

*Not all overstay cases are denied. You just have to be convincing that
it was an inadvertant error when you were minor and most importantly show them your past passports , not hide them, to prove that you have been consistenly law abiding after one overstay so long ago.

*Apply with a concrete purpose rather than a casual purpose. Like seeing
a doc for an ailment for which there is better treatment in US or for a very important business visit. Think of something.

* Show strong ties to UK. Stable job , good income and family ties.

[navatwal]

Thanks for the reccomendation Peace,

I will be sending a letter to the Embassy, they will obviously then contact me and probably ask me to come down to the embassy for an interview.

There is one more thing to add and a very important one at that:

The actual reason for overstay was:

The overstayed at the time happened because my father was a legal Green card holder and living in the USA ,and my mothers and mine had had technically expired (even though it has no expiry date as it was pre 1990) due to us being out of the country for over 1 year. On arrival in the USA me and her had to sign a declaration at the airport to give up our right to the green card even though we intended to live there.

When we arrived to the USA my father filed a petition for my mum: As Husband or wife of a permanent resident. 203 (a) (2) )A) INA. I have a copy of this petition. I lived in the USA for 5 months, was employed and even filled tax returns also.

This petition was never followed (even though notice had been served) because me and eventually my mother and father moved back to the UK. This is why the over stay happened on my part.

My parents intended to live there and as I was a minor I had to follow them.

As mentioned I have been to the USA 5 times before and around 3 times after this overstay with no problems and always returning within 3 months.

What is very important to me is that is this a more valid reason/explanation or should I stick to the medical reason as it is probably more easier.

Thanks