Have you ever stayed in the US longer than the admission period granted to you by the US government?

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Have you ever stayed in the US longer than the admission period granted to you by the US government?

I’m applying for ESTA Electronic System for Travel Authorization. What to
answer this question? Have you ever stayed in the United States longer than
the admission period granted to you by the U.S. government?

Background

I was in USA with Visa waiver program more than 3 month, the reason I stay
because my son apply for me permanent resident card since the process
took almost more than 11 month of waiting my mom die and forced to go for
her funeral then in between they send me a paper for interview schedule
since I can’t appear for in person interview they sent me denial of permanent
resident because I didn’t show for interview. So the question now does it
consider I stay longer than the admission period or not?

Thanks for your advise

Thanks,

Asked on November 5, 2017 under Immigration Law, Virginia

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

why didn't you request a rescheduling of your interview if you could not attend?  at this point, you will need to reapply and have your son repetition for you.  however, because of your overstay, you most likely will not be allowed to enter on the ESTA and will instead have to go through consular processing.   Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.


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