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Need to go to US for work and unsure if I'll get a visa

20 replies

Mondayforthebin · 14/02/2023 12:08

So many years ago (30ish) I went to US and over stayed my ESTA by a couple of months and before anyone tells me, I know it was a really fucking stupid thing to do. I subsequently revisited US about 20 years ago and was pulled aside, questioned but given a 5 day visitors Visa. I've not visited since but I've been asked to go to US for a 2 week work trip which is obviously really exciting but I'm terrified of not being allowed in and want to see if anyone had any idea if there is anything I can do to preempt this or if I can try and get a ESTA alternative.

Thank you.

OP posts:
TeenDivided · 14/02/2023 12:12

Presumably the best thing would be to apply for a visa giving full info, and see if they grant it?
But tell work there may be an issue so anything they book for you is refundable?

HundredMilesAnHour · 14/02/2023 12:12

All you can do is apply for a visa and see if they give you one or not. Because you overstayed previously, you won't be given an ESTA. You might not get a visa either but you won't know until your try.

Newjobformoremoney · 14/02/2023 12:15

Sorry to go back to basics but a ESTA is a visa waiver not a visa. Apply for the ESTA and if you get refused then you go down the actual visa route where you will have the interview etc.

In my experience if they’ve let you in once and given you a visa there is a good chance you’ll be let in again but you’ll need to jump through all the hoops. (I haven’t done this but my sister overstayed)

Mondayforthebin · 14/02/2023 12:21

Newjobformoremoney · 14/02/2023 12:15

Sorry to go back to basics but a ESTA is a visa waiver not a visa. Apply for the ESTA and if you get refused then you go down the actual visa route where you will have the interview etc.

In my experience if they’ve let you in once and given you a visa there is a good chance you’ll be let in again but you’ll need to jump through all the hoops. (I haven’t done this but my sister overstayed)

@Newjobformoremoney So was your sister allowed back in then? I've read something about a 3 year rule (whereas you're allowed to re-enter after that which I have done) but want to try and do everything possible before getting to US airport.

OP posts:
Bleakhouser · 14/02/2023 13:17

Apply for an esta and if you get rejected you’ll have to apply for a visa. The waiting times can be long so get on this asap.

you will not even be allowed to check in or get on the plane without a visa or an esta so the US airport is the least of your worries…

HundredMilesAnHour · 14/02/2023 15:10

OP will have to answer yes to this question on the ESTA application which means the ESTA will most likely be rejected:

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

Just apply for a visa OP. The sooner you apply, the sooner you'll get an answer and then you can be confident your work trip will be fine - or can tell your employer that you can't travel to the US.

Mondayforthebin · 14/02/2023 18:20

Thanks all. I’ll apply for a visa. Really fucked off with 20 year old me right now.

OP posts:
Paq · 14/02/2023 18:23

If you are working there does ESTA even apply (clueless)?

Mondayforthebin · 14/02/2023 18:24

Yes, I’ve done these for other people and will need an ESTA or probably visa in my case

OP posts:
tilestoclean · 14/02/2023 19:08

A friend of mine is shown as an overstayer from a couple of years ago and recently applied for an Esta. It was rejected, appealed, rejected again. She then applied for a visa. At the appointment they explained it was the error of US immigration due to an incorrect date on the passport stamp. Despite this she is currently banned from entering the US for two years! Don't be surprised if your visa is rejected OP

Mondayforthebin · 14/02/2023 19:20

Thank you. My only glimmer of hope is that they have let me in the country since the overstay so fingers crossed.

OP posts:
Mondayforthebin · 14/02/2023 19:21

tilestoclean · 14/02/2023 19:08

A friend of mine is shown as an overstayer from a couple of years ago and recently applied for an Esta. It was rejected, appealed, rejected again. She then applied for a visa. At the appointment they explained it was the error of US immigration due to an incorrect date on the passport stamp. Despite this she is currently banned from entering the US for two years! Don't be surprised if your visa is rejected OP

Also it’s an automatic ban within 3 years apparently.

OP posts:
purplecorkheart · 14/02/2023 19:34

Can you work on an Esta? It been a few years since I applied but I thought that it was basically a replacement for a holiday visa.
I would have thought that you would have to apply for some kind of work visa. When I went through preclearance in Dublin the first thing the officer asked me was I going to work as I was visiting NY for five days I had to show him my hotel booking and all the things I booked before he was happy I was a tourist.

SparkyBlue · 14/02/2023 19:37

Yes my husband works for a US multinational and needs an Esta before all his work trips

lljkk · 14/02/2023 19:40

Since you got in last time I reckon you'll be fine this time.

SpringRumba · 14/02/2023 20:01

I've just got a visa for the USA. Waiting times are ok now, I applied mid Oct and the first interview appts available were Nov. You have to go to the US embassy in London, which is a ball ache if not local, but I was in and out in an hour despite the website saying 2-3 hours. I arrived 40 mins before it opened as I had an 8am appt but there were already about 40 people queuing.

SecretVictoria · 14/02/2023 20:04

How was this 30 years ago? ESTAs have only been a thing since 2008/9. Prior to that it was the green visa waiver form.

Mondayforthebin · 14/02/2023 22:15

SecretVictoria · 14/02/2023 20:04

How was this 30 years ago? ESTAs have only been a thing since 2008/9. Prior to that it was the green visa waiver form.

Is whatever the equivalent of an esta was 30 years ago. I recall it was a green waiver card which you returned when leaving the US.

OP posts:
MeghanThyStallion · 14/02/2023 22:17

Just apply online for an ESTA. It's easy and you'll soon know if there's a problem. If there is then apply for a visa.

Mondayforthebin · 15/02/2023 10:14

Great, thank you

OP posts:
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