Overstayed VWP, what to do?
Upvote:4
would it be different since I entered by land?
No. It is not different because you entered by land. ESTA is just an authorization program to pre-screen visitors to the US who intend to enter using the visa waiver program (VWP) before they board an aircraft or cruise ship. The legal status of a VWP visitor does not depend on the mode of transportation, however, or on whether they used ESTA.
I think it worked with the I94 module.
The I-94 is an arrival/departure record. ESTA travelers have them. B-2 visitors have them. Non-immigrants who reside in the US for years and years have them. Most people's I-94 records are purely electronic (unless the person chooses to print it out), but legally it's no different from a paper I-94. The fact that you had an I-94 doesn't change the fact that you were admitted under the VWP any more than does the fact that you had no ESTA.
If you're looking for an assessment of your current situation, you may want to talk to an immigration lawyer, but it's quite bleak.
- As you know, your presence in the US is unlawful.
- Because you have overstayed by more than 180 days, you will be banned for ten years from the date when you leave.
- Because you did not comply with the terms of the VWP, you may not use the VWP again.
- Future visa applications will have much lower chances of success because of your history.
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