Overstayed in USA

Capone79

I need some advice, I overstayed my VWP by four and a half years back in 2000. I tried to re-enter last Nov but was stopped and detained for 5 hours while my return flight was ready to depart. It wasn't too bad tbh.It could have been worse, like being banged up for a night or two, the officer actually said if he was issuing visas he would issue me one, not that makes much of a difference.I have already served the 10 year ban and was told I could apply for a visa last Jan.

My question is, when I was being questioned about overstaying last Nov in immigration,I denied it, thinking if I aside yes I could get thrown into a cell. Will that have any affect on my chances of getting a B2 if I just tell them the truth when filling in the online form?

jaymcg91

So you broke the law by overstaying? Then when they asked you about it, you lied (I think lying about it is a criminal offense on it's own)?

That's going to be a mighty task for you! Do not lie to them again. Tell the truth, 100%. You have no idea what they know.

One more thing, the ten year ban isn't actually an official thing (so another overstayer has told me). They can deny you entry indefinitely, if they choose to do so.

Not meaning to be negative, and good luck .

galwayjohn89

From now on always be 100% truthful. They'll know what happened and lying will not help your case at all. If you accept what you did was wrong, apologise and ask forgiveness you'll be more likely to get a visa granted, if you go in demanding a visa as if you are entitled to one, you will more than likely be refused.

Capone79

I understand it was wrong to deny it. I intend to tell the truth. I will also tell them my son was born over there and has an American passport.I don't want to be in a situation where I'm banned for life.

galwayjohn89

Were you approved for an ESTA in November?

Capone79

Vuzuggu wrote: »

Were you approved for an ESTA in November?

Yes I was.

athtrasna

Capone79 wrote: »

Yes I was.

Did you answer the question about overstaying truthfully when applying for the ESTA?

Capone79

athtrasna wrote: »

Did you answer the question about overstaying truthfully when applying for the ESTA?

I think I just answered no to ever being refused entry.

iusedtoknow

Capone79 wrote: »

My question is, when I was being questioned about overstaying last Nov in immigration,I denied it, thinking if I aside yes I could get thrown into a cell. Will that have any affect on my chances of getting a B2 if I just tell them the truth when filling in the online form?

It will all be on their files - that you overstayed your time in the US, and that re-entered without a visa even though you needed one.

You aren't really making a good case for leniency on their part. Most immigration is box ticking and little more. You are now in the position of hoping for mercy on their part.

You are going to 100% have to tell the truth. In the eyes of immigration, you are a high risk for overstaying and being illegal again. And remember...just because you have the visa in your passport, does not guarantee entry. You could be turned away by the border guard as he will see all your information, and will make a judgement call - their say is final.

InTheTrees

Talking to a lawyer who specilises in US Immigration issues would be a really good idea.

They should know the best way to proceed.

Capone79

I know I'm going to have to tell the truth. I've no intention of overstating ever again. I have young children who depend on me and a job in Ireland.

Miaireland

I would also suggest that you contact a lawyer who specialises in this area or certainly speak to someone in the Americian embassy.

Immigration will have a record of your overstay, what you said in interview etc. Also the fact that your child is an Americian Citzen and has an Americian passport will probably make you appear more high risk of overstaying. I strongly suggest you get advice from someone who is an expert in this area.

Capone79

Miaireland wrote: »

Immigration will have a record of your overstay, what you said in interview etc. Also the fact that your child is an Americian Citzen and has an Americian passport will probably make you appear more high risk of overstaying. I strongly suggest you get advice from someone who is an expert in this area.

Why would my son having an American passport make me high risk? He lives in Ireland, wouldn't that make a strong tie to return? My other son's confirmation is next year , something I wouldn't miss for the world!!!

iusedtoknow

Capone79 wrote: »

Why would my son having an American passport make me high risk? He lives in Ireland, wouldn't that make a strong tie to return? My other son's confirmation is next year , something I wouldn't miss for the world!!!

The default setting for all immigration officials is that you aim on breaking the law. Your son is American, for all the official knows - you want to rejoin a partner etc.

TBH, not to put too fine a point on it, you've overstayed before - in the eyes of the official, you probably will do so again. 4.5 years is not a "didn't calculate the date of my return flight correctly" it is willfully breaking the law.

kerry4sam

InTheTrees wrote: »

Talking to a lawyer who specilises in US Immigration issues would be a really good idea.

They should know the best way to proceed.

^^^ This.

Thread Closed,
kerry4sam