holiday in US after living there illegally

lifeonmars2016

hey folks,

i moved to the states on a visa waiver back in 2001, overstayed till 2007, looking to go on a holiday later in the year, will i be allowed to go over? don't want to book tickets to be stopped at dublin airport.

thanks.

ProudDUB

If you over stayed a visa, you won't meet the ESTA holiday visa waiver criteria, so you'll have to make an appointment at the embassy to apply for an actual visa. Whether or not you get one, depends on how well you can plead your case. If you were there illegally for as long as 6 years, I'd say that your chances of being given a holiday visa aren't great. But there is no way of knowing for sure, until you actually apply. As you overstayed relatively recently & USCIS probably know about it, it's not something I'd be chancing my arm on, when it comes to booking flights.

silja

Since you overstayed longer than a year, you have a ten year ban.
You cannot use ESTA- you may be able to get a tourist visa if you have strong ties to Ireland (good job etc).

SHOVELLER

silja wrote: »

Since you overstayed longer than a year, you have a ten year ban.
You cannot use ESTA- you may be able to get a tourist visa if you have strong ties to Ireland (good job etc).

The reality is different.

It is done on a case by case basis. If you are honest with the US authorities they probably will not ban you.

I have known countless cases where people overstayed and they have gone back in on holidays.

Micky 32

I know a guy who moved illegally over there. Came back for a visit after being there for 3 years. He got back ok but was questioned a lot.. That was the late 90's though. Things have probably changed a lot since then.

spideog7

Another thing to be aware of is that if you are denied entry they'll reset the counter on that ten year ban. So instead of being up in 2017 it'd be 2025.

silja

Hence going form a B2.

iusedtoknow

And remember...if the US authorities at the embassy do give you the benefit of the doubt and grant you a visa, the border guards may not let you in - it's completely up to them.
When I was queueing up last year to get in through Dublin, a couple in front of me that were trying to enter on the B2 got denied entry. Fortunately, they just a had a car ride back to where they needed to be.

Capone79

spideog7 wrote: »

Another thing to be aware of is that if you are denied entry they'll reset the counter on that ten year ban. So instead of being up in 2017 it'd be 2025.

That's not true! His 10 year ban would have begun as soon as he left the country in 2007, so it will be up in 2017

athtrasna

Capone79 wrote: »

That's not true! His 10 year ban would have begun as soon as he left the country in 2007, so it will be up in 2017

Read the post you quoted. If the OP is denied a visa now, the ban clock restarts. The previous ban is irrelevant

Capone79

I did read it and no they won't reset anything if he's caught! It will be from when he left the country in 2007

jaymcg91

The Permanent Ban: If you were convicted of an aggravated felony, entered without permission after being removed, or reentered the U.S. after having previously been in the U.S. unlawfully for more than one year, you may be permanently barred from entering the United States.

http://www.nolo.com/legal-encyclopedia/how-long-after-deportation-must-i-wait-before-returning-the-us.html

You already returned yes? Hmm. Maybe you should get an immigration lawyer to advise you.

InTheTrees

jaymcg91 wrote: »

You already returned yes? Hmm. Maybe you should get an immigration lawyer to advise you.

A lawyer specialising in US Immigration should know the best way to proceed. An initial appointment to talk wouldnt cost much.

There's got to be a few of them in Ireland.

Capone79

He hasn't received his 10 year ban yet officially. He could take a chance and go in on the VWP again but if he's caught which I'm sure he will after his name shows up on screen, he will be sent home minus the flight cost etc and and a ban until 2017.

SHOVELLER

The Permanent Ban: If you were convicted of an aggravated felony, entered without permission after being removed, or reentered the U.S. after having previously been in the U.S. unlawfully for more than one year, you may be permanently barred from entering the United States.