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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106248
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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In 2008 I visited the US on a B2 visa. I stayed for

Customer Question

Hello!
In 2008 I visited the US on a B2 visa. I stayed for the full half year and accidentally overstayed by 3 weeks. Went back home to Germany then as scheduled, I haven't been to the US (nor attempted to visit) ever since.
Now I may be wanting to visit for a couple of weeks next year, but I'm very nervous because I can't find clear information online regarding my status and admissability.
Since it's been almost 8 years, and the overstay was only a few weeks, what procedure should I follow? Can I possibly enter the US on a ESTA only? What are my chances of being granted entry? The online ESTA form asks one question on whether you have ever overstayed a visa. I would have to truthfully answer with yes (?), but wouldn't that automatically deny me the ESTA?
I hope you have some information for me. Thank you very much.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. You must be honest. You cannot technically use an ESTA. You must apply for the B-2. If you take a chance and are not honest hoping to get the ESTA and a record does exist that you overstayed, it would create a permanent inadmissibility bar. I wouldn't take the risk. So be honest, forget the ESTA and apply for the B-2. I will provide you with two links that may be helpful. The first is to an article that will explain what they look for when issuing a non-immigrant visa like the B-2. The second is a list of things that can be presented to prove non-immigrant intent and the strong ties to the home country.http://www.ilw.com/articles/2009,0528-schwartz.shtm https://help.cbp.gov/ci/fattach/get/46680/0/session/L2F2LzEvdGltZS8xMzk3NDE3MzcxL3NpZC85M1BEQ0lSbA==/filename/Intentions+and+Ties.pdf My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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