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US overstay - problem to travel again?

  • 30-11-2009 10:19pm
    #1
    Registered Users, Registered Users 2 Posts: 15


    Hi. I wonder if someone could help me here. Approx 8 years ago a friend of mine overstayed their visa for well over a year in USA. She left of her own accord and came home. She had an old(unreadable) passport.

    Since then she has got a new Passport and now she would like to revisit the USA with some friends. I would like to know if anyone out there knows where she stands with regard to passport, visas etc.


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Comments

  • Closed Accounts Posts: 29,473 Our man in Havana
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    She will be subject to a 10 year exclusion period for a start.
    Best she makes an appointment with the US embassy to discuss the situation.


  • Registered Users, Registered Users 2 Posts: 15,742 Fr Tod Umptious
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    etn wrote: »
    Hi. I wonder if someone could help me here. Approx 8 years ago a friend of mine overstayed their visa for well over a year in USA. She left of her own accord and came home. She had an old(unreadable) passport.

    Since then she has got a new Passport and now she would like to revisit the USA with some friends. I would like to know if anyone out there knows where she stands with regard to passport, visas etc.

    It all really depends

    Yes she broke the law and should be excluded from the US for 10 years.

    Immigration records should show that her green slip (1-94) was not returned and her departure date would be blank on their records

    She would be questioned about this and may have to prove that she was out of the US 90 days after she entered.

    Then again they might not even ask about it as I have heard from US Immigration layers that they only keep those records for 2 years so any record for her entry would be well gone.

    As the other poster mentioned it's best to talk to the embassy, a guy from the embassy was on the radio a few years ago talking about this issue and said if anyone in this situation should go to them come clean about it and in the majority of cases they will be issues with a Visa that will allow them holiday entry for a number of years


  • Registered Users, Registered Users 2 Posts: 4,065 Miaireland
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    A friend of mine overstayed by a few weeks due to a dying family member and she was excluded for ten years. Best thing your friend can do is go to the Embassy.


  • Registered Users, Registered Users 2 Posts: 5,494 finbarrk
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    My brother was going out there earlier in the year with his girlfriend and she got turned back in Shannon because she had overstayed her J1 visa about 8 years previously. They got it sorted out in the embassy but it cost them money buying new flights. The strange thing was that she had been there 2 years previously and no problems then.


  • Closed Accounts Posts: 152 jackthekipper
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    I knew someone who overstayed by a couple months and before he went back on holiday he made an appointment with the US embassy where he told them the situation, he got a fine and a 10 year "black mark" against him if you know what I mean, but was still able to travel.


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  • Registered Users, Registered Users 2 Posts: 15 etn


    Hi Folks,
    Thanks for all your advice. Much appreciated.


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