Overstayed in US, problem getting back in??

Rhianna83

My Dad got a 1 year visa in 1986 and overstayed his visa by 5 months..

Planning a trip to New York in August, should there be any problems getting back in? He was never notified of a ban or anything...

I'm thinking that because it was 22 years ago there shouldnt be a problem?

Thoughts??

Third_Echelon

Oh they'll have it on record alright... you could bet your house on that.

I would contact the US embassy in Dublin to see where you stand, because more than likely he would get turned away at immigration. No point wasting money on flights etc and not being able to use them..

http://dublin.usembassy.gov/

Rhianna83

Yeah he spoke to the Embassy and strangely enough they told him he could risk going in & not declare it or just to get another visa but were only going for 5 days... the fact that it was 22 years ago, he hasnt been back since and is only going for 5 days i thought it would be fairly straight forward...

Third_Echelon

It is risky alright. He'll fill out one of the green I-94W cards. Some info here:

http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/cbp_i94w_form.xml

http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/arrival_departure_record.xml

It really depends then on the immigration officer that he gets... I travel to the US regularly on business. I've had some that have given me the third degree. Others have just stamped my passport and away I go. It depends what mood the person is in i think

I have found though that the immigration officers in Dublin are a bit more 'easy-going' than if you pass through immigration in the US, so I would recommend getting an Aer Lingus flight before midday as you'll more than likely go through immigration in Dublin in that case...

More than likely he should be ok, but don't be surprised if he is turned away.

jester77

Big risk alright. A friends brother overstayed his J1 by 2 days about 15 years ago. He flew into the US 2 years ago and they took him into another room for questioning and kept him there for the day, told him he would be on the next flight out. Luckily there was a shift change and the new supervisor was a bit embarrassed with her colleagues actions and apologised and let him through. So if you get some dick you could have trouble. Best talk to the US embassy in Dublin before he leaves.

Rhianna83

Thanks for that will have to have a look, sounds like it would be safer to just declare it... our flight is before midday on a sat morning but still it sounds like a risk.

Naked Lepper

i have been to the usa a few times, never over stayed a visa
but the last time i was there i worked illegally, stayed for a few months but returned within the 90 days
am a wee bit anxious about immigration questions next time i go through, do you think i could get loads of questions on why i stayed so long the last time? should prob come up with a good speil eh?
i also had a working visa for 3 years as well + worked legally

mumhaabu

I have relations that were in the US illegally during the eighties like your dad and they went there as Tourists and spent three years working illegally and left the country around 86 or 87. These two brothers have since visited the united states on holidays in 2004, both were granted entry and you are not asked if you were in the United States before. One of them has visited the US every year since 2004 most recently in March and the other visited in early 2007 neither of them had any hassle in their combined 7 visits to the US since. He'll be fine nothing to worry about.

Just act dumb nothing should come of it and the fact ye are making a big deal is nonsense. If you overstay you are banned for 10yrs I think. This time is elapsed plus ye are going on HOLIDAV make sure you have proof of return flights and letter from Employer, School etc. and you'll be fine. Don't tell nothing unless asked, if asked vaguely recall being there for a few months in the 1980's and let them be finding out if they want to. Just be polite and don’t lose your temper with them and everything will be fine, Let your father go through the Queue first before ye all and as another poster said it all depends on the mood of the officer during the day.

Read another post I made on the subject here

Bluetonic

mumhaabu wrote: »

I have relations that were in the US illegally during the eighties like your dad and they went there as Tourists and spent three years working illegally and left the country around 86 or 87. These two brothers have since visited the united states on holidays in 2004, both were granted entry and you are not asked if you were in the United States before. One of them has visited the US every year since 2004 most recently in March and the other visited in early 2007 neither of them had any hassle in their combined 7 visits to the US since. He'll be fine nothing to worry about.

Just act dumb nothing should come of it and the fact ye are making a big deal is nonsense. If you overstay you are banned for 10yrs I think. This time is elapsed plus ye are going on HOLIDAV make sure you have proof of return flights and letter from Employer, School etc. and you'll be fine. Don't tell nothing unless asked, if asked vaguely recall being there for a few months in the 1980's and let them be finding out if they want to. Just be polite and don’t lose your temper with them and everything will be fine, Let your father go through the Queue first before ye all and as another poster said it all depends on the mood of the officer during the day.
[/URL]

Which is it?

mumhaabu

Bluetonic wrote: »

Which is it?

Some immigration officers are far more stricter than others, IMO there is nothing to worry about, but if it is on a system which I doubt due to the length of time involved then you may get some narky officer trying to make a big deal out of it, however due to the length of time passed he should be fine as were my relations. I'd say thing will work out just fine IMO.

Rhianna83, post back after your holiday with how ye got on! Enjoy your holiday too New York is great.

Rhianna83

Thanks for all the advice guys, reckon well just risk it & hope for the best, the fact he is going on a 5 day holiday with his 2 daughters im thinking that there shouldnt be any problems (well hoping)

Another question... does anybody know if they automatically put his passport through the machine or what way does it work? he is on his 2nd passport since the overstay with different address etc...

Run_to_da_hills

300,000 were turned back from US airports alone last year. They were picked out from digital records by federal agents upon arrival. These included those that violated visas, certain members of banned unions and organisations, MC motorcycle club members and those with criminal records etc.

The USA is now the number one Big brother surveillance nation. If you have an Irish passport dated after 16th October 2006 you will not need a visa to enter the USA however all passports after this date are incorporated with RFID microchips chips which will tell the US authorities everything about you including what you have been eating for breakfast. :eek:

Appleblossom42

There's no way I'd risk it. At Orlando three years ago we were each asked if we had been to the States before. It was our first time, also we were all told to stay on the plane as the police were coming on board to escort a passenger off. His family looked mortified.Word was it was to do with a previous visit. It would be so embarrassing if that was to happen to your dad, but then again it's up to you.

Run_to_da_hills

I would only recommend your dad go if he got a written clearance and a visa from the embassy, no harm in applying.

Rhianna83

Yeah, ya see the thing he's afraid of is if he applies for the visa they'll refuse him, so there's a risk if he goes with that option or risks the visa waiver option... either way there's a risk involved...

Benedict XVI

Rhianna83 wrote: »

Yeah, ya see the thing he's afraid of is if he applies for the visa they'll refuse him, so there's a risk if he goes with that option or risks the visa waiver option... either way there's a risk involved...

If he goes to the embassy and gets a visa there should not be a problem.

It was not until 1997 that 10 year bans came in for people who overstayed and worked illegally.

Rhianna83

But on the visa application form there's a question asking if you ever overstayed in the past so worried that they may refuse visa if he answers yes to this?

Explain it to the person to whom he gives the application.

In fairness if you are an Irish citizen looking for a Visa at the U.S embasy it is obvious that there is a reason why.
You would have to be filling out something irregular on it somewhere anyway.

Charlie215

I went and stayed in philadelphia USA in 2006 and stayed for 3 months september till january 4th. We did not realise that my mother booked my flight and went over the 90 days. When i got to the airport in newyork they told me i had to book my flight home befor xmas day so my mum tried to change my flight but they would not let her i tried also but i had no luck or no money, so when i left to go home the poeple took my passport somewhere and came back and checked me in, they didnt say anything but i dont know if i will have problems going back next month. I was only 17 at the time? Im now 19 so can anybody help me please as i want to book my flight sometime in the next 2 weeks.. HELLLPPP!!!!

mumhaabu

Charlie215 wrote:

I went and stayed in philadelphia USA in 2006 and stayed for 3 months september till january 4th. We did not realise that my mother booked my flight and went over the 90 days. When i got to the airport in newyork they told me i had to book my flight home befor xmas day so my mum tried to change my flight but they would not let her i tried also but i had no luck or no money, so when i left to go home the poeple took my passport somewhere and came back and checked me in, they didnt say anything but i dont know if i will have problems going back next month. I was only 17 at the time? Im now 19 so can anybody help me please as i want to book my flight sometime in the next 2 weeks.. HELLLPPP!!!!

I wouldn't go without contacting the US Embassy, http://dublin.usembassy.gov/general.html you can phone them on either a premium rate or pay through Credit Card at €16 for the call.

Get this information first before you book anything. As you were 17 at the time they may show leniency but I reckon you will need a visa, ring them and explain your story, they will help you. Please reply to this thread as while in a lot of these cases the advice is sought and acted on but alot of people like the OP never post back with how they got on whether it be good or bad.

Turning up at the airport with tickets booked and no advice from the US Embassy is a recipe for disaster IMO.

P.S Are you an Irish Citizen? I just spotted you are in France if so this may be more helpful.

Our man in Havana

A 3 year exclusion period applies.

You will need to contact a US embassy and obtain a visa before attempting to travel to the USA.