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If I went to a border to renew my 90 days after expiration of a visa waiver, would I be denied access back into the US?

I am over the 90 day limit and need to get another 90 days what can I do? I am a French citizen here on the waiver program. I have filed numerous applications for a work visa with immigration while I have been here and still am attempting to do so.

DJClayworth
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mark sherwood
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    If your goal is to stay and work, that's a question for [expats.se]. – hmakholm left over Monica Feb 22 '15 at 14:56
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    Note that a paper trail showing you want to immigrate/find work is actually a bad thing from the point of view of an immigration officer. Even if you hadn't stayed too long and would go to France for a few months before trying again, it screams “potential overstayer/abuser”. The proper way, as arduous as it is, is to secure the right visa before entering the US and not try to bend the rules of a program intended for visitors. – Relaxed Feb 22 '15 at 19:21
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    @HenningMakholm But the question is about getting another visa waiver. – DJClayworth Feb 22 '15 at 20:41

3 Answers3

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I think you are in trouble. The VWP page specifically states:

May I apply for a visa instead of using the VWP?

Travelers who are eligible for the VWP may apply for a visitor (B) visa, if they prefer to do so. If you do not meet all of the criteria explained in this webpage, then you must apply for a visa. Additionally, you need to apply for a visa if you will be traveling on a private aircraft or other non-VWP approved air or sea carrier. Review the approved carriers list. Also, if you intend to extend your stay beyond 90 days or change your status once in the United States (for example, you intend to request change of status to student or temporary worker, etc.), then you need to apply for a visa.

So currently, you're out-of-status because you have overstayed and you entered the US under false pretenses.

mkennedy
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Unfortunately the answer is that there is nothing you can do to extend your current stay.

What's more, as you've overstayed your allowed 90 days, your current ESTA is now invalid, and you will likely not be approved if you attempt to apply for another one. If you attempt to re-enter the US with your current ESTA you WILL be denied entry.

Your odds of being able to obtain a visa in the near future are also low. If you have overstayed by more than 180 days then you will be automatically banned from the US for 3 years. If you've overstayed by more than 1 year, the automatic ban is 10 years.

At this point I would suggest leaving the US as soon as possible to minimize the period of your overstay, but one way or another your chances of obtaining a work visa for the US in the near future are somewhere between extremely low and zero.

Doc
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If you try to do this at the Mexican or Canadian border, you will almost certainly be denied. They do not count as traveling outside of the USA for VWP/ESTA purposes.

Anywhere else, most likely you will still get denied. Your best bet is to return to your home country (France/EU) for a month, then try to return. Even then, the border agent may want you to prove that you are truly coming here for the purposes listed on your ESTA and not trying to immigrate.

RoboKaren
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