I had O-1 visa from 2007 to 2014 with 2 different sponsor. After my first O-1 visa expired in October 2010 and I applied for O-1 again with different sponsor 2 months after expiration. My original petitioner passed away right before the expiration and it took me a while to figure it out. Luckily, I got approval and left the US before reaching to 180-days and got O-1 visa in my country. again in April 2010, and 3 years later I was able to get 1 year extension. After staying 1 year, I have moved back to my country.
It has been 2 years since I left the US and going to visit the US for 2 weeks this summer. Am I eligible to apply Visa Waiver? In the Visa Waiver application, for this question "Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?" I think that I need to answer Yes. But marking this Yes, automatically I am not eligible for Visa Waiver?
I appreciate your advice.
If you have ever overstayed your visa then you have "not complied with a prior admission period" etc. and are therefore ineligible for the visa waiver program. Even though your overstay did not result in a bar, you stayed beyond your I-94 date it appears. Are you sure you have overstayed though? Your second O-1 would not have been approved from within the U.S. if you had fallen out of status under the first petition. You might want to take a closer look at your documents. If you can't use VWP, not the end of the world, get a B1/B2 at the consulate.
It appears you have to answer yes to the question about whether you ever overstayed the period of admission granted to by your I-94. While you did not remain in the United States unlawfully more than 180 days, which would have triggered a bar, you did stay beyond the date authorized. The questions asks about any overstay not simply overstays that were of a certain duration. You will need to be truthful and indicate yes on the application. You will likely be required to at for a B1/B2 visa at the U.S. Embassy in order to travel to the United States.
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No. The visa waiver program is a history for you. You cannot use it.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
It appears that you previously overstayed your period of admission. Therefore, you will not be eligible for the Visa Waiver Program. You will need to apply for a B-1 / B-2 visa.
This information does not establish an attorney-client relationship or any responsibility or liability on the part of the attorney for actions taken by the recipient arising from having read this information. The recipient of the information is advised to contact an experienced attorney for a formal consultation regarding this matter.
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