USA overstay query?

Lexxie

Hi guys, I overstayed a holiday Visa back in 03 have not been back to the States since would love to go now on a holiday but am afraid that I will book and pay for the lot and be turned away, some people say if you contact the Embassy you are only drawing trouble on yourself. Has anyone been in a similar situation or could someone offer some advice??? Would really appreciate it.. Thanks guys..

athtrasna

Book absolutely nothing before you apply for a visa. As someone who has overstayed you are not entitled to an ESTA visa-waiver. Chances are you will have to do an interview at the embassy as part of the visa process.

The US are very strict on immigration - the only way to deal with this is to be up front and honest. Trying to pull a fast one is guaranteed to end in disaster.

iusedtoknow

It is really a choice of trouble with the embassy or being turned back at the border. As noted, you cannot use the visa waiver, so do not apply for the esta or buy tickets.
You will need to apply to the embassy, and they will make their decision. If you can prove you have no intentions of staying in the US and that you are fully tied to Ireland (mortgage, job etc) they may consider you for a visa. The other point is, just because you get a visa, does not mean you will get past the border, that is up to the guard at the border, and they have the power to refuse entry to anyone (except Americans, obviously).
Even if it was a long time ago, they few overstaying as very serious, and unfortunately the above are the consequences

seanmacc

Visa at the embassy is your only way of doing it. They is no grey area when it comes to US immigration law that will let you in without a travel visa. I was turned away in Dublin airport one time because I hadn't got a return flight reservation.

Alternatively get a new passport with your name as Gaeilge on it and claim you never visited the states before is stopped at immigration. There's no guarantees of that working though.

Mountjoy Mugger

Deception - from the frying pan to the fire. Very clever advice! :rolleyes:

steve-o

seanmacc wrote: »

Alternatively get a new passport with your name as Gaeilge on it and claim you never visited the states before is stopped at immigration. There's no guarantees of that working though.

Let's walk through that scenario. Person will need an ESTA. Oops, someone with the same date of birth is flagged in the database as an overstayer. They check the details. There might be 150 Irish people born on the same day, and most have never been to the US, let alone been an overstayer, so it's a short list. Overstayer was born in the same place and has the same name (they aren't stupid). Result: Fraudulent application = barred from the US. Nice one!

killbillvol2

seanmacc wrote: »

Visa at the embassy is your only way of doing it. They is no grey area when it comes to US immigration law that will let you in without a travel visa. I was turned away in Dublin airport one time because I hadn't got a return flight reservation.

Alternatively get a new passport with your name as Gaeilge on it and claim you never visited the states before is stopped at immigration. There's no guarantees of that working though.

Probably the most stupid advice I've read on boards. And that's saying something. :rolleyes:

coylemj

Are you even allowed to get a passport with your name in Irish if your name is in English on your birth cert.?

Either way, agree 100% that it's crazy advice.

crapmanjoe

Crazy advice but it definitely works - I have 2 cousin who have done it - and both got kicked out of the US after being arrested on minor offences and got back in using Irish name on passports.

Risky but does work

seanmacc

coylemj wrote: »

Are you even allowed to get a passport with your name in Irish if your name is in English on your birth cert.?

Either way, agree 100% that it's crazy advice.

It is a lot more difficult than it used to be (post 911) but you can. I did it myself in 2006. The passport office were happy once I was able to produce 3 documents showing how I used it as my name in the last 5 years. Otherwise you have to do it by deed poll. You are legally entitled to go by your Irish name if you wish.

silja

**** Mod note: Boards.ie does not advice, condone or suggest illegal actions, including circumventing other countries' immigration laws. No more discussion on this please. *****

You could try filling out the ESTA form, truthfully. It is unlikely you will be approved but it's only a few euro, and with the overstay being so long ago, if it wasn't a long overstay, you might get aproved.

BuffyBot

..but bear in mind that an ESTA approval doesn't mean you will be cleared at immigration.

lonestargirl

silja wrote: »

**** Mod note: Boards.ie does not advice, condone or suggest illegal actions, including circumventing other countries' immigration laws. No more discussion on this please. *****

You could try filling out the ESTA form, truthfully. It is unlikely you will be approved but it's only a few euro, and with the overstay being so long ago, if it wasn't a long overstay, you might get aproved.

My understanding was that once you have overstayed you are no longer eligible for the VWP.

Ponster

Can't the OP just apply for a B-2 visa? It's not like it's very difficult to get though yes a lot less handy than the ESTA.

seachto7

crapmanjoe wrote: »

Crazy advice but it definitely works - I have 2 cousin who have done it - and both got kicked out of the US after being arrested on minor offences and got back in using Irish name on passports.

Risky but does work

....and I was down in the pub last night, and a man told me that his neighbour has a friend, who knows this guy who was in the states, who's good mates with some fella from Boston who knows this guy....

:rolleyes::rolleyes:

iusedtoknow

Ponster wrote: »

Can't the OP just apply for a B-2 visa? It's not like it's very difficult to get though yes a lot less handy than the ESTA.

Maybe it is just the type of visa I am on (L1) but I actually find travelling on that less hassle than VWP.

The last time I went through (in Dublin), he looked at my passport, typed in a few things and said "welcome back Mr IUsedtoknow")

maybe with b2, more questions will be raised as to why you aren't travelling on VWP

Ponster

SHOVELLER wrote: »

Fill out the ESTA which by the way mentions nothing about overstaying.

Not that you'll care but once you have overstayed you are no longer eligible for the ESTA. It just means that should you get caught saying "Well I didn't know" doesn't get you out of trouble.

SHOVELLER

Ponster wrote: »

Not that you'll care but once you have overstayed you are no longer eligible for the ESTA. It just means that should you get caught saying "Well I didn't know" doesn't get you out of trouble.

I do care and I repeat:

I overstayed twice around that time and have had no problems getting in since.

I am not promoting overstaying btw.

iusedtoknow

SHOVELLER wrote: »

I do care and I repeat:

I overstayed twice around that time and have had no problems getting in since.

I am not promoting overstaying btw.

And when/if you do get found out...lifetime ban.

SHOVELLER

iusedtoknow wrote: »

And when/if you do get found out...lifetime ban.

Again not true.

athtrasna

SHOVELLER wrote: »

I do care and I repeat:

I overstayed twice around that time and have had no problems getting in since.

I am not promoting overstaying btw.

https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm#vwp3

To be eligible for the ESTA you must

Have complied with all conditions of any previous admission under the Visa Waiver Program.

Which you clearly didn't, by overstaying. So therefore you have fraudulently applied for an ESTA Visa Waiver and entered the US under false pretence. I don't think they will take that lightly when it's discovered!

Cushie Butterfield

OP, you'll always hear someone or of someone who says that they were in the same situation as you & had no problems. They may well not have had any problems, but anyone that tells you to go ahead & flaunt US immigration laws & rules is being (at best) irresponsible, & certainly aren't doing you any favours. More often than not their circumstances will have been different. First off, the poster that gave you the advice to apply under the ESTA doesn't know how long you overstayed, because you haven't told us, so that in itself is reason enough to take their advice with a grain of salt, not to mention the fact that they also misfed you information regarding the application's terms & conditions as regards previous admissions & their subsequent unlawful overstay.

There are too many variables, if's, but's & maybe's. Immigration controls are a lot stricter now than in the past, so they may have got away with it since their overstay, so it may be the case that their first visit after the overstay & subsequent visits are now what is showing on their record, but they can't guarantee you that you will slip through the net as easily. Immigration laws may also have changed, been amended, not existed or may not have been applicable to them that are or would be to you now, & so forth.

The facts are:

- Because you have previously overstayed in the U.S., you will generally be required under U.S. law (INA 222(g)) to apply for your new visa at the U.S. embassy or consulate in your native country (from which you hold your passport).

- If you have overstayed in the U.S. by more than 180 days but less than one year, you are barred from receiving another U.S. visa and from entering the U.S. for the next three years. This penalty is specified by U.S. law (INA 212(a)(9)(B)(i)(I)).

- If you have overstayed in the U.S. by more than one year, the bar is extended to ten years (INA 212(a)(9)(B)(i)(II)).

- If you have overstayed by less than 180 days, you are not subject to the mandatory bars in (2) and (3) above, but the home-country visa renewal in (1) still applies. The U.S. consular officer may still deny your visa application according to U.S. law (INA 214(b)) simply because you overstayed.

- Even if you manage to get a new U.S. visa, you may still be denied entry by the U.S. immigration officer when you arrive at the port of entry. The authority of a consular officer to issue a visa and the authority of an immigration inspector to grant admission are separate powers under U.S. law, and serves as a double-check system.

Source(s):
U.S. Immigration and Nationality Act Sections 212(a)(9)(B)(i), 214(b), 222(g); Title 8 U.S. Code of Federal Regulations Section 214.2(b)(2).

Now there you have it.

People have & do slip through the net - mostly by fraud, lies, misrepresentation & deception. It's up to you what route you want to take, but my advice for what it's worth is to apply to the US embassy for a visa. Apart from not being eligible to apply through ESTA at least you will have gone about things in the correct & legal way & can feel that little bit more confident about booking flights & accommodation.

lil_lisa

**Boards does not condone illegal advice. Closing thread**