Overstayed my US visa , will i have problems using the VWP?

[mazzo123]

I was on a J1 visa that expired in May 2004, i applied to change my non-immigrant status to B-2.while in the US, . My application was denied and the notice date for this was the end of July 2004. I left the US at the end of Aug 2004 and didn't hand in my I-94, since i didnt have it, it had been sent with my b-2 application

Last year i went to Costa Rica and had to go through US immigrations, i didn't realise i would be going through immigration, thought the plane was just stopping to let more passengers. But strangly enough i was issued a 90 day stay with the VWP without problems.
Does that mean i don't have to worry about coming to the US in the future?? I'm from the UK

thanks

[Administrator]

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Another recent topic with some information:

-> US immigration -> overstayed in u.s 10 yrs ago, stopped recently on visit

There is also a search function for finding other topics in the archive.


Generally, you SHOULD be OKay now.

BUT, there is no assurance.

Make sure you are very well-studied on your obligations under entry to the U.S. and make sure you fully comply with all details. U.S. Immigration (well, ANY country) can deny you entry for any reason or no reason.

Your history will flag you for extra attention on occasion. Just make sure everything is in order, and that your explanation(s) is/are in full agreement with all records.

Remain calm and polite. Remain reasonable.

Hopefully you will not have to think about it again. But nobody can guarantee that.

the Admin

[Marco 72]

From what you write it's not clear if you overstayed or not. If you did, you are not allowed to use the VWP. The fact that you were allowed back in the US suggests that you did not overstay, but it doesn't add up to certainty.

[Administrator]

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From the timeline, it seems he overstayed by about one month.

My guess is that, for some reason, the system didn't flag him. Possibly because of the year.

It doesn't mean he isn't in the system and that it can't come back to haunt him. But the fact that he's now been given a VWP would probably work in his favor should he get stopped again.

But, as I said ... no assurances. Overstay is overstay. The wrong Immigration official at the wrong moment and he can well be denied entry. Or, at the very least, have a rough time of explaining the situation.

the Admin