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ESTA with a previous visa overstay?

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silverxlibra
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Posts: 18
Joined: Thu Sep 13, 2018 12:17 pm
Russia

ESTA with a previous visa overstay?

Post by silverxlibra » Mon Mar 11, 2019 8:10 pm

I'm a dual national (UK and Russia) and would like to travel to the US. I previously had two US visas (both J-1), and I overstayed the second one - this was 6 years ago now. At that time I held only one nationality (Russian) and traveled on a different passport from the one I have now - I now hold a UK passport and a new Russian one.
What are my chances if I apply for an ESTA? I don't have any criminal record anywhere in the world, and my previous I-94 never expired as it was marked as D/S (duration of stay). Never had any deportation proceedings, nor received any communication from USCIS telling me to leave, etc. Does anyone know what databases they check against or has anyone been in a similar situation?

max307
Senior Member
Posts: 511
Joined: Thu Sep 22, 2016 7:58 am
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Ireland

Re: ESTA with a previous visa overstay?

Post by max307 » Wed Mar 13, 2019 7:15 pm

The only way to know if an ESTA will be approved or denied is by applying, others in this forum had issues with US immigration and had their ESTA approved.

I would recommend to be upfront and disclose the overstay when applying for the ESTA because even when you don't meet an immigration officer when leaving the US, TSA and CBP share data on all passengers.
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

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