Overstayed in US Can I still apply?

Old Apr 26th 2012, 7:38 pm
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Default Overstayed in US Can I still apply?

I am in the process of applying for a permanent residence to New Zealand. I overstayed in US but told this to the visa officer the first time I was applying for a visitors visa to New Zealand. I was granted the visa and after that four times a visitors visa.

However I just came across the page on New Zealand immigration that says that people that are excluded from other countries are not eligible.

Please advise if this is true.
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Old Apr 27th 2012, 2:16 am
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Default Re: Overstayed in US Can I still apply?

The phrase they use is:

"Your Expression of Interest will not go into the Pool if you:
...
you have, at any time, been removed, excluded, or deported from another country"

So if you have then it is a complete block to the SMC category as if you can't get into the pool in the first place you can't be selected etc etc.

Basically they are saying if you haven't complied with visa term requirements elsewhere then they won't assume you will comply with the NZ requirements.

However it is quite specific so "overstayed" isn't the criteria, you must have been removed (by the authorities), excluded or formally deported. Are you recorded as removed/deported/excluded by the US authorities?

(I am struggling to see how you wouldn't be if you overstayed but I guess if you took a small boat over to the Bahamas and left from there...?? or there was an amnesty??)
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Old Apr 27th 2012, 2:57 am
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Default Re: Overstayed in US Can I still apply?

Originally Posted by simonsi View Post
(I am struggling to see how you wouldn't be if you overstayed but I guess if you took a small boat over to the Bahamas and left from there...?? or there was an amnesty??)
You've got to pretty bad or very unlucky to be formally removed from the USA. There are no exit controls beyond the airline reporting the data about your departure to the authorities.

IF OP has been removed, s/he should know about it. It involves cuffs and bars and general degradation.
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Old Apr 27th 2012, 3:06 am
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Default Re: Overstayed in US Can I still apply?

Originally Posted by fatbrit View Post
You've got to pretty bad or very unlucky to be formally removed from the USA. There are no exit controls beyond the airline reporting the data about your departure to the authorities.

IF OP has been removed, s/he should know about it. It involves cuffs and bars and general degradation.
And guns probably.

I guess I am thinking that the record may show as overstayed even if the airline reported the departure without the authorities being involved in the departure, hence the OP may technically pass the requirement unless when applying for a US visa or ESTA the records check shows the previous visa as having been overstayed.
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Old Apr 27th 2012, 3:14 am
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Default Re: Overstayed in US Can I still apply?

Hi thanks for your replies. No I was not deported or sent back. I chose to leave the country. However I made this clear to the visa officer the first time I got issued a visitors visa to New Zealand. After that I have been issued the visa three times. But in the INZ catalog it says that the applicant will be rejected. This is bizarre Here is the link to where it says this:

http://www.immigration.govt.nz/opsmanual/35057.htm
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Old Apr 27th 2012, 4:25 am
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Default Re: Overstayed in US Can I still apply?

So you weren't removed or deported and clearly aren't excluded so you should be good.

Unless NZIS specifically ask whether you have "overstayed" I would stick to the specifics of the policy wording.
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