Does US CBP see my trips?

Travel Forums North America Does US CBP see my trips?

1. Posted by Jsmchee95 (First Time Poster 1 posts) 5w Star this if you like it!

I went to the states on an ESTA in august 2019 and was supposed to leave November 2019. Money problems and then COVID kept me from being able to travel back home so I stayed with my fiancées family. I did not leave until May 2021. They did not stop me at the airport despite the fact that I’m pretty sure they saw my stamp was expired as well as my ESTA. Im currently pregnant with a US citizen. What I want to know is would I be refused entry if I try and travel back? What would happen if I tried to go back to the states (with updated ESTA of course)?

2. Posted by leics2 (Travel Guru 3256 posts) 5w Star this if you like it!

>Money problems and then COVID kept me from being able to travel back home

The US authorities won't consider either to be a valid excuse for overstaying your permitted time. The ESTA allows a maximum stay of 3 months. You had ample time to organise a return flight within that permitted period (most people book return flights), long before there were any Covid issues. And your overstay was very substantial indeed.

> Im currently pregnant with a US citizen

At the moment I'm afraid you are only pregnant with a baby. When born, that baby will automatically have your citizenship. Getting the the father's citizenship is not automatic: documentation is required and an application must be made.

>What I want to know is would I be refused entry if I try and travel back?

The fact that you weren't stopped on departure means nothing. You were leaving the US so, from their point of view, stopping you wasn't worth the effort. But your overstay will be of course known about and will be recorded on the system.

>What would happen if I tried to go back to the states (with updated ESTA of course)?

You won't be able to get an ESTA because you won't be able to answer 'No' to this question:

>Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?

If you answer 'Yes' your application will be denied. If you lie and answer 'No', their records will show that you're lying.

Additionally, if you answered 'No' you'd be making a fraudulent declaration and that's a criminal offence in the US.

If you decided to lie, answered 'No' and by some glitch you were granted an ESTA it's extremely likely that your fraudulent statement would be discovered when you tried to enter. You'd almost certainly be deported on the next available flight and would have great difficulty in being allowed entry to the US in future.

Your only realistic option is to apply for a US B1 visitor visa (UK link below, google for relevant embassy link for other citizenships). You'll need to explain in detail to the interviewing officer exactly why you chose not to leave during your permitted period and why you chose to overstay in the US for 6 months after that.

If you are honest about the father of your baby being a US citizen you'll also need to convince the interviewing officer that a) you don't intend to overstay your visa (3 months max stay) and b) that you don't intend to illegally enter the US in order to live permanently with your baby's father.

No-one here or anywhere else can tell you the chances of you being granted a visa. Each and every case is decided on an individual basis. During the application and the interview process honesty is always the best policy.

I wish you the best of luck.

https://uk.usembassy.gov/visas/tourism-visitor/how-to-apply/

[ Edit: Edited on 17 Aug 2021, 17:01 GMT by leics2 ]

3. Posted by Sander (Moderator 5667 posts) 5w Star this if you like it!

If you intend to marry within 90 days of arriving in the USA, you could apply for a K-1 visa, which exists specifically for this purpose - assuming that having overstayed isn't going to make you ineligible. There's a lot of documentation and requirements to go through, and from what I've heard it isn't a swift process - but it might be the correct one?

4. Posted by 55vineyard (Full Member 153 posts) 5w Star this if you like it!

COVID was not an issue until March 2020, most states issues shutdown and stay at home orders around mid March so don't use COVID as an excuse if you were supposed to return November 2019. You are just a regular garden variety overstayer. You'll need a regular B type visa as far as I can tell, but leics is the visa expert on here.

5. Posted by leics2 (Travel Guru 3256 posts) 5w Star this if you like it!

> You'll need a regular B type visa as far as I can tell, but leics is the visa expert on here.

Thank you! :-)

You're right that someone who is ineligible for an ESTA would normally apply for a B2 visitor visa (not a B1...that's for e.g. volunteering, some types of business activity etc). However, it is my understanding that an overstay of more than 180 days but less than a year (as in the OP's case) means the person is barred from being granted any type of visa for 3 years. The only way for the OP to find out if she can be recommended for a waiver of ineligibility related to that bar is to make a visa application. The interviewing officer is the only person who can decide whether to recommend a waiver of ineligibility, based on all the applicant's details and how he/she 'performs' at interview. Waivers of ineligibility take several months to process and a recommendation does not automatically mean a waiver will be granted.

The K1 'fiancee' visa is intended for people who will marry a US citizen within 90 days of arriving in the US. The application is much more complicated than for the B2 visa and requires the US partner to file a petition which takes several months to process.

[ Edit: Edited on 21 Aug 2021, 21:27 GMT by leics2 ]

Post 6 was removed by a moderator