49 day overstay in 2008

[Shaker]

Hi,

In 2008 I overstayed in the United States by circa 49 days. I entered the country using the Visa Waiver Scheme which I know gave me 90 days before I had to leave. I arrived on April 8th, 2008 and left on August 26th, 2008. Because of this indiscretion I understand that I am no longer eligible to use the Visa Waiver Scheme in the future and therefore need to apply for a B2 visa.

I am desperate to get back to NYC for a two week holiday early next year.

I have just completed the ESTA and that has come back 'Application Approved'.

Is there anyway I could get in without the B2? If I did enter the US and got flagged up, would I immediately be deported?

If not, does anyone know of a good immigration lawyer in England that I could speak to in order to facilitate me getting back over there.

Has anyone on here had to apply to the US embassy for a visa?

Thanks for reading, I'd appreciate as much information as possible.

Al

 

[aosing]

Your overstay makes you ineligible for VWP. The ESTA approval is not a VWP approval, which is determined at the port of entry. Supposedly ESTA screens for security risks, not immigration issues. The correct course of action is to apply for a B2.

Entering under VWP means that you cannot seek any review of a summary removal order or a CBP officer's VWP denial. Most likely if they let you in you are fine for 90 days. The concern is more that you will be denied at the port of entry, or told that you are ineligible for VWP and having to voluntarily withdraw your application and fly out immediately.

You are completely at the mercy of the CBP officer with VWP. If you are asked about past overstays you must answer honestly; lying to a border officer can lead to permanent exclusion, and if you are denied entry, this is not just very inconvenient but may have to be explained in the future with negative consequences. In short, you should do the right thing and get a visa so you don't have to worry about it. VWP is for those who comply with VWP.