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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12291
Experience:  Write FOR JAMES to get my help!
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Hi Mr. Longhorn, I just checked my eligibility for VWP and

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Hi Mr. Longhorn, I just checked my eligibility for VWP and it said I was approved, does this mean something?
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So you applied for the Visa Waiver Program/ESTA and were approved? OR did you only do a check to find out if you are eligible for VWP/ESTA?

Customer: replied 4 years ago.

It was said that countries such as Japan did not require a tourist visa, and I went to the CBP website to apply for a ESTA to see if I was eligible and it said that I was approved

If you applied for the Visa Waiver and your ESTA was approved, that means you can travel to the US as a visitor without a visa, and stay for up to 90 days. However you cannot work or go to school. It replaces the B1/B2 tourist visa and allows you to travel to the US without going through a visa application and interview.

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Thank you!
Customer: replied 4 years ago.

Does this make any difference with getting a F-1? I would have thought my passport would be ineligible for VWP as I have overstayed.

Taka,

Just because it was not discovered or flagged in the ESTA does not necessarily mean that the F-1 visa request will have the same outcome. If the ESTA did not ask you about overstays, then it would not know about your overstays. It also could be that your overstay is unknown, or otherwise has not made it into the electronic version of your immigration history.

But when you apply for the F-1 visa, you will be asked about overstays, so the fact that this was not recognized in the ESTA application does not mean that it should not be divulged or will not be discovered in a more thorough check of your immigration history when you apply for the F-1.

Basically, this could mean good news, or it could mean nothing at all. In either case, you are required to provide truthful information about your immigration history if asked, and when you apply for the F-1 status, it should be told to the immigration authorities.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
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