What not to say at US preclearance?

BraveDonut

I used to travel a lot for work - never had any issues.

However, my company suggested that if we were ever questioned on what we would be doing to just tell them it was training

They really just want to establish you have a job or business to come back to. Asking seemingly trivial questions about your job is all about seeing you can answer them directly and your story adds up. If you are telling the truth about your work etc, no issue. No need to mention girlfriend, you’re not married to her so no legal ties etc. I went through pre-clearance in 2 minutes before Christmas, mind you I was travelling for leisure.

VonLuck

OP here. I'm surprised at the amount of replies I've gotten! Thanks for the advice.

The reason I ask is because I know someone personally who was attending a work event and they told the immigration officer this. Normally he would not say why he was travelling, but for some reason decided to go into a little more detail this time round saying it was a fundraising event. The officer started to grill him saying that if he was the person doing the fundraiser (which he wasn't) he would have had big issues.

I was just trying to avoid this happening by saying I was working remotely and then they say that it's not permitted under the ESTA waiver. I'll just say I'm going on holidays to see my girlfriend and no more. If they ask why I have my laptop I guess I could say that I had work to do in the airport before my flight took off?

Also my girlfriend is American so I don't know how that affects things! Might think I'm looking for a green card! Haha.

Donald Trump

https://www.boards.ie/discussion/comment/121602525#Comment_121602525

You can travel for some business reasons under the ESTA. But that is not the same thing as going there and working remotely from there.

If you are going for a week or two then nobody would bat an eyelid. If you told them "I"m going to stay with my gf for the 90 days. But it's alright because I can work remotely while I'm here , then you'd be asking for trouble.

csirl

People bring laptops on holidays for a variety of reasons - not just work - so having a laptop shouldnt be an issue. I've friends who wont travel anywhere without their laptop (email, watching films, surfing net, booking things online etc etc)

RetroEncabulator

I don’t travel anywhere without my laptop. It’s 2024 and they’re not some kind of unusual work devices.

martingriff

A piece of advise I got of a supervisor at work which works in any situation is answer the question they ask nothing more. Why are you going answer visting a friend or girlfriend. Is that your own laptop answer yes unless it has a big sign on in saying work they will not know or care. If they ask how long tell them for x amount. That's it

helimachoptor

https://www.boards.ie/discussion/comment/121600692#Comment_121600692

exactly, I'm similar, back and forth to the US but not always via Ireland.

My 2 most recent trips out of ireland, my immigration experience has been 30 seconds - hand over passport, What is the purpose of your visit - "normally a conference of business meeting", what is your end destination, when do you leave.

That's it, and I have a shitload of visas/stamps for "undesirable" countries, OP you'll be fine just dont say youre coming to work there.

Glaceon

https://www.boards.ie/discussion/comment/121603860#Comment_121603860

At the time I went just before Christmas, the person before me was asked something about the contents of his bags but not a thing said to me.

helimachoptor

https://www.boards.ie/discussion/comment/121604057#Comment_121604057

any gifts, money, alcohol etc is what they ask. Basically they want to know if you are bringing in something "high value"

kirving

https://www.boards.ie/discussion/comment/121603860#Comment_121603860

I recently moved to the US, and came back to Ireland for work. When returning to the US, they asked why I was carrying three suitcases. I explained and it was no issue.

Also, I had visited plenty of times for work over the past few years, clearing immigration in Dublin, San Francisco, and LA, and crossed land borders into Mexico dozens of times and and it's never ever been an issue. You are allowed to travel for work, as long as it's for less than 90 days, and you are not being paid by a US entity.

VonLuck

https://www.boards.ie/discussion/comment/121603918#Comment_121603918

I am over there for about 9 days.

So if I am asked directly "will you be working remotely" should I just say no?

Mr.S

Pretty much

Fr Tod Umptious

https://www.boards.ie/discussion/comment/121610577#Comment_121610577

So if I am asked directly "will you be working remotely"

I really doubt they would ask a question like that.

Unless you gave them some reason to in the first place.

Anomymous

What are the different types of visa used to USA from Ireland please?

Trying to see what I need... I over stayed in USA but havnt returned in over 20yrs... So don't know how to go about this to return for a holiday now?. is my 10yr ban over or just starting if I get refused at Dublin pre clearance...??? Can u advice me please

3DataModem

https://www.boards.ie/discussion/comment/121601524#Comment_121601524

I can say that nothing happens.

circular flexing

https://www.boards.ie/discussion/comment/121627155#Comment_121627155

I think any overstay means you can't use the VWP program anymore. In this case you would need to apply for a B1/2 visa. Just google it and there's plenty of resources.

Fr Tod Umptious

https://www.boards.ie/discussion/comment/121627155#Comment_121627155

How aware of your overstay 20 years ago are the US authorities?

You would only have got the 10 year ban if you were caught.

I have not been to the US in years but back 20 years ago they stapled the green slip to your passport on entry and it was then removed by the air line staff (not immigration) when you were leaving.

When overstayers returned to Ireland that green slip was well gone before they even got to the airport

All the green slips were sent to immigration to be tallied as it were.

If there were records where there was a green slip issued but not returned they were obviously flagged.

Did you dump your green slip before checking in for your eventual return to Ireland?

If so when you go to immigration pre clearance next time they might have a record with your name with a non returned green slip flag on it.

Then again it was so long ago they might not.

But you could always go to the embassy, tell them you overstayed 20 years ago and get a visa. Once you can prove that you are unlikely to overstay again they will issue it fairly easily.

Anomymous

@Fr Tod Umptious

Thank you for taking the time to reply to me...😊

If my memory is correct I think I didn't return green slip.. Does this mean they think I'm still in the USA as such???

I assume it's the B2 visa I Apply for so?

Anomymous

Thank you @circular flexing for replying..

Yes i think B2 and interview are my only options 😕

Fr Tod Umptious

https://www.boards.ie/discussion/comment/121637580#Comment_121637580

Well I don't think it's a case of them still thinking that you are in the US, it's just that they don't have a departure date for you, which would have been flagged on their system.

Now whether that flag is still there is another thing, it might be the case of those records only having a certain retention period and that retention period may well be expired if you are talking about 20 years ago.

ReturningForY

https://www.boards.ie/discussion/comment/121637628#Comment_121637628

The US does not have a "retention period" for immigration records. Every person's record is kept forever. (You can even browse the immigration records for some notable people like John Lennon on this government website.)

In general, the vibe of your advice here that the person may be still able to use the visa waiver program because their case may have "fallen through the cracks" is absolutely the wrong way of thinking about US immigration. The US almost certainly knows this person entered the US before and didn't leave on time. Any time this person interacts with the US government (at the border or at the consulate) this overstay will appear. A lie about this on the ESTA form is likely to be caught, and with some small but non-zero probability the person will get a lifetime ban from the US for willful misrepresentation.

On the other hand, applying for a B2 visa is really not that much hassle. If it's 20 years since overstaying the visa is overwhelmingly likely to be approved.

Anomymous

@ReturningForY thank you so much for the information...

Yes im gonna fill in the form to apply for B2... I think at this stage after they know iv over stayed I need to be honest

.i hope when they see I had a child there they might be a tad more forgiving with me and approve 🙏 I so what to visit Memphis 😀

Anomymous

@FrToddUnxious thanks again for your imput 😀

circular flexing

https://www.boards.ie/discussion/comment/121633236#Comment_121633236

You don't need to be caught to get a 10 year ban. If you overstay by more than a year, the 10 year ban will be automatically applied from the date you leave the country. Interestingly a 3 year ban only kicks in after 180 days overstay but I think any overstay means you can't use VWP.

Luna84

When I went to America a few years ago now I was brought out back. 'State your business in the United States?' yer man said to me and I replied going on holiday. Are you planning to overstay your welcome. I felt like saying what the hell would I want to live in that ****hole for I'm only going on a holiday.

user302243

https://www.boards.ie/discussion/comment/121627359#Comment_121627359

Depends on the airport. Plenty will catch it and you'll be paged to take it out. I've experienced it had to go back to check in, seen people have to do it at the gate and I've seen people refused to board all at different airports

Anomymous

Good to know thank you so much x

Anomymous

https://www.boards.ie/discussion/comment/121641374#Comment_121641374

Lol 😂aah it's not that bad out there

VonLuck

Just to update you all - only one question was asked in pre-clearance. What is the purpose of your visit. No follow-up questions! I must have gotten the right officer as the person in the next queue was getting a grilling!