Exceptions For Ban Under ESTA Visa Overstay

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Overstaying in America under the ESTA visa is a serious criminal offense in the eyes of the American embassy. Therefore, one who is caught under the offense has to face serious problems which can continue even for years. The overstay esta 90 days limit penalties are divided into two basic types, and that is for less than 180 days and more than 180 days, but there are several relaxations too for the rigid rules.

The one who overstays for less than 180 days do not face legal ban but has to be bound to present proof for return when next time applying for an American visa. When the overstay for esta 90 day limit is more than 180 days or 365 days, the charges are serious, and the person who is caught can get banned for the three years or ten years respectively. One can get banned for a lifetime if he tries to enter the United Stated after getting banned for overstay.

Read the exceptions

Although the rules are rigid for the punishment of overstay, there is still some exception for the overstay punishments. There are not one but several circumstances under which the overstay than esta 90 day limit is not considered to be an unlawful offense, and they are:

  • The minor person of age under 18 is not subjected to the consequences for the breach of rules of limited stay.
  • The one who has a genuine pending asylum application on the file for a stay
  • The person who is a victim of human  trafficking are excepted from penalties
  • Green card applicants who are waiting for a decision are also not subjected to the consequences
  • After receiving a temporary protected status (TPS), one cannot be deported or banned.

After knowing the exceptions, you might be able to protect yourself from being deported in case you fall under any of the above given.

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