Oak Park, IL asked in Immigration Law for Illinois

Q: If you overstay your esta by two days because you took a second covid vaccine, is it possible to get a tourist visa

the individual lives in Japan and was visiting chicago. While in Chicago she took the moderna vaccine in february and the second vaccine in March. Unfortunately there were no flights leaving for Japan until two days after she had the second vaccine. It was important to take the vaccine here because she was over 70 and the Japan had not started giving the vaccine at that time.

She tried to get the tourist visa in June to return for a wedding in June but the US consulate did not grant the tourist visa. At that time, we believe, they were only granting visas for emergency cases since they had limited appointments.

Now that the U.S. is opening up to international visitors, we are hoping that this is a better time to apply for a tourist visa.

Any thoughts?

Thank you.

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: More information is needed. Was she denied a B2 visa last June? Or simply told that she couldn’t apply?

ESTA is/was possible, but confusion may have created a record that may invalidate the privilege to use ESTA.

As a result, I strongly recommend a teleconference with a competent and immigration attorney before there are any other complications.

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