Help! Confusion filling out DS-160

[BJB]

Hey there!

I'm travelling to NY for a month and need to apply for a non-immigrant travel Visa, as my ESTA wasn't approved (the problem is, last time I was in the US, I overstayed my ESTA by 3 days).

I'm now completing the DS-160 form, and the last question is "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a US Visa?" ... I'm unsure if this question is pertaining to Visas only, or also to ESTA. Do I answer YES or NO? And if Yes, am I unlikely to be approved?

 

Thanks!

[MurthyIndia_Lawyer]

You have to mark "Yes" to the question "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a US visa" even if you have overstayed one day beyond the validity of the I-94. Generally, if you can show evidence of strong financial, family and social ties to your home country to overcome the presumption of immigrant under Sec. 214(b) of Immigrant Nationality Act you may have better chance of successful visa application. In addition to this, you must explain the reasons for your overstay.