Q: my esta was revoked due to overstaying half a day because of long waiting at the airport I need a visa

A: I agree to some extent. Yet, there is the possibility that you unknowingly engaged in activities that could disqualify you from a visitor visa. One activity is living and working without authorization. Also, it is possible that you may now have immigrant intent for the purposes of a future visit.

Those who stay in excess or close to 90 days will probably be scrutinized for further information. Be prepared! There is a presumption of immigrant, when you apply for admission or a non-immigrant B-2 visa. You’ll have to overcome that presumption. Otherwise, a consular official can deny the non-immigrant visa application.

A: If your ESTA was revoked due to overstaying, even if only by half a day, you will need to apply for a visa to re-enter the U.S. The overstay, even if unintentional, can lead to automatic revocation of ESTA, which means you no longer qualify for the Visa Waiver Program. The visa application process will involve attending an interview at the U.S. embassy or consulate, where you’ll need to explain the overstay and provide supporting documents.

It is important to be fully transparent in your application and interview. Prepare all documentation that shows the circumstances leading to the overstay, such as proof of your flight schedule and delays. Having these ready will help you explain the situation effectively to the consular officer.

You may still be able to obtain a visa, but this decision will depend on the specific details of your case and the officer reviewing it. It’s a good idea to start the process as soon as possible, as visa applications can take time.