Overstayed in USA

Upvote:1

Anyone of any nationality on any visa who overstays less than 180 days has no ban. It's that simple. So yes you will be able to enter the USA if you qualify, either via a visa or otherwise.

Overstay of Less Than 180 Days

If your overstay in the United States was for less than six months (180 days), then you are not legally inadmissible in the future. You can be granted another visa, or even a U.S. green card (lawful permanent residence). However, if you are applying for a temporary (nonimmigrant) visa, and it’s one of the many that requires you to convince the U.S. consular official that you will leave the United States when your permitted stay is over, you may have a tough time making this showing if and when the consular officer becomes aware of your past overstay.

So we don't even need to know your nationality or what visa type you brought into the country or whether it was VWP or even if you simply sneaked in over the border without a visa and passport, you overstayed less than 180 days so NO BAN.

Of course it doesn't mean you will be allowed in next time, that's for the border immigration officer to decide.

Upvote:1

The answer is complicated: while there is no ban you might need to get a visa or a waiver.

Unless you are Canadian, you will need a visa. If you are Canadian and do not have an I-94 record (paper issued if crossed on land, electronic for air and sea) then you are all good. If you are Canadian and were given an I-94 / stamp in passport with a date then you need a waiver.

Breaking it down:

  1. If you were entering on ESTA then an overstay makes you lose your ESTA privileges for life and you must get a visa. https://cz.usembassy.gov/visas/denied-entry/

If you have overstayed on the Visa Waiver program (VWP) or violated the terms of a previously issued U.S. visa, you will be refused entry to the United States unless you apply for a visa with full details of your overstay prior to subsequent entry. Violating the terms of the Visa Waiver Program or previously issued U.S. visa can render an individual ineligible for a visa and a waiver of this ineligibility may be required.

  1. If you were entering on a visa then that visa is cancelled and so you need a new one. https://travel.state.gov/content/visas/en/general/visa-expiration-date.html

If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will automatically void or cancel unless;

You have filed an application in a timely manner for an extension of stay or a change of status; That application is pending and not frivolous;

  1. Canadians are a complicated case. Let's turn to 40.9 Section 212(a)(9) of the Act - Aliens Unlawfully Present after Previous Immigration Violations:

Non-controlled Nonimmigrants (e.g. Canadian B-1/B-2)

Nonimmigrants, who are not issued a Form I-94 , Arrival/Departure Record, are treated as nonimmigrants admitted for D/S for purposes of determining unlawful presence.

What does that mean? It means that Canadian visitors who are not issued an I-94 are admitted for Duration of Status (similar to F-1 student visas) and then this section applies:

Under current USCIS policy, nonimmigrants begin to accrue unlawful presence as follows: [...]

Nonimmigrants Admitted for Duration of Status (D/S):

If USCIS finds a nonimmigrant status violation while adjudicating a request for an immigration benefit, unlawful presence will begin to accrue on the day after the request is denied.

If an immigration judge makes a determination of nonimmigrant status violation in exclusion, deportation, or removal proceedings, unlawful presence begins to accrue the day after the immigration judge’s order.

So unless either of these two happened you didn't overstay. Repeat: this only applies if you were not provided with a date until you could stay.

If you are Canadian and were given a date until you could stay then, as I already linked, you will need a waiver.

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