Visawaiver overstayed as company have not fulfill requirements

[4besthope]

Overstayed VWP: we've been in USA several time, and always screened. I was offer a job, to set up a new subsidiary for a European company. I came here last year to prepare all business requirements to get back and obtain the appropriate visa. In the mean time my kids need to go to school, and we are ‘lucky’ they can attend a private school.
I then went back and forward as the company was not fulfilling their obligation. Now we become in the terrible situation that we are overstayers, kids are well adjusted but as you can imagine limited. And the whole family is stressed out …… I am even thinking to take the company to court.

By the way, beacuse of the good relation between USA and certain VWP countries, I understand by decrete the government have allowed one time paroles, and those no threat people not to be handcuff .....or jailed

 

[elcupacabras]

Are you still in States? If you are, how long have you overstayed? If you are still in the States then right now you have an unlawful presence and do not have any status or right to remain in the States. If you have overstayed by more than 180 days, you are subject to a 3 year ban from the states, more than 365, a 10 year ban. As far as I am aware, then only way an overstay is forgiven is through marriage to a US citizen. Whilst it is not your 'fault' for the situation you are in, in the eyes of US immigration you have violated the terms of the VWP and are remaining in the US illegally. If found out, you will be deported from the US which involves being kept in a detention centre (not pretty) and then removed from the US when your case comes around.
Speaking to an immigration attorney should be your priority, but to be honest, your situation does not sound good.

 

[4besthope]

My overstay is less then 90 days at this moment ..... in fact back in April the company (HQ in UK) should have established all requirements so I can apply for a L visa .... they are delaying and delaying, I have given them till end of this month ... as I will held them accountable for all damage and legal problems.

I do understand that being an EU citizen and a favourable treaty partner of USA, this could be waived for one time as well as not being held in any detention center.

 

[elcupacabras]

Being a EU citizen gives you no 'favour' in light of US immigration- The fact the US lets the majority of EU citizens travel visa free should be deemed favour enough. However the rules of the VWP are clearly stated on the green slip that you sign before entering the States and therefore If you chose to violate them by either a) working on the VWP or b) staying for a duration of longer than 90 days, then there are consequences. I understand your frustration assuming that your company was sorting out the visas for you, but to be frank, US immigration only really care about the status of the individual concerned, which in your case, is illegally present in the US. Its crazy I know, many individuals have been penalised for 'assuming' that everything has been taken care of by their employers, when infact nothing has been done and therefore they become illegally present in the US. You just need to do a quick search on the net (and quite recently on this board too) about how EU nationals many of which are UK citizens have been caught in overstay through routine checks, been detained for 3-6 months and then deported back to their homeland. US immigration dont care where youre from (and quite frankly, why should they?? Why should an illegal alien from the UK be treated any different from an illegal alien from India?? The answer....they shouldnt as both have violated the terms of their visas therefore punishment should be the same and therefore is) or who is responsible for your visa. The individual in question is the one who is held accountable.
Im a UK citizen myself and honoured the rules and regulations to maintain visa free travel. By overstaying VWP I would jeopardise my right to continue using VWP and significantly hinder my future visa application. I am now back in the UK and patiently waiting for my visa to be approved.
Like I advised in my last post, you need to speak with an immigration attorney.