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  1. #1

    Default Re-Entering on VWP After an Overstay

    I overstayed my VWP (ESTA) with a total stay of 170 days (so 80 more days than allowed). I know I do not have a time bar triggered as it was less than 180 days.
    However, will getting a new passport make it possible for me to reenter USA with VWP? Or will they see my overstay with my fingerprint biometrics from previous stay?

    I know I shouldn't be able to use VWP again but we want to go back soon as we will soon have our baby so we want to go visit his family (married to an American with his family in the US) once baby is born. I understand getting a B2 visa will most likely get denied due to my overstay... And we do not want to start a more permanent visa process as we are not looking to immigrate, just visit his family so they can see the baby.

    Is there any way to go round this? We were thinking changing my surname to my husbands and get a new passport. Is it possible I get in then with VWP? What should we do?

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Overstay Vwp but Less Than 190 Days, Married to American and a Child with America

    You really need to meet with an attorney. No one on a LEGAL forum is going to advise you in how to commit fraud. You should always assume that US immigration knows everything; improper activities on your part can result in a permanent ban from entry.

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