How to leave the US with an overstayed Tourist visa waiver (I-94W French) ?
Dec 21st 2002, 8:33 pm
#1
Guest
Posts: n/a
How to leave the US with an overstayed Tourist visa waiver (I-94W French) ?
Hello,
Imagine that someone (say Judith) has overstayed her tourist visa
waiver by a year and a half. Her legal date of departure is written on
her I-94W and also on her passport. Her plan is to go back to France,
"loose" her passeport and come back on a tourist visa again.
1- What is the worst case scenario that can happen to her ?
2- She is concerned about leaving the US by air because they collect
the I-94 at the gate. Shall she say that she lost that form or is it
better for her to return it anyway ?
3- Is it true that the gate person is NOT an INS agent and that they
CANNOT do anything on your way out ? For instance that they cannot
fine and that aside from collecting this I-94 form they have no other
way of Recording somewhere that you overstayed ?
Any information would be nice. Thank you Very much.
Imagine that someone (say Judith) has overstayed her tourist visa
waiver by a year and a half. Her legal date of departure is written on
her I-94W and also on her passport. Her plan is to go back to France,
"loose" her passeport and come back on a tourist visa again.
1- What is the worst case scenario that can happen to her ?
2- She is concerned about leaving the US by air because they collect
the I-94 at the gate. Shall she say that she lost that form or is it
better for her to return it anyway ?
3- Is it true that the gate person is NOT an INS agent and that they
CANNOT do anything on your way out ? For instance that they cannot
fine and that aside from collecting this I-94 form they have no other
way of Recording somewhere that you overstayed ?
Any information would be nice. Thank you Very much.
Dec 21st 2002, 10:29 pm
#2
Guest
Posts: n/a
Re: How to leave the US with an overstayed Tourist visa waiver (I-94W
tiriloII wrote:
> Hello,
>
> Imagine that someone (say Judith) has overstayed her tourist visa
> waiver by a year and a half. Her legal date of departure is written on
> her I-94W and also on her passport. Her plan is to go back to France,
> "loose" her passeport and come back on a tourist visa again.
Won't work. They have her name in their computer.
>
> 1- What is the worst case scenario that can happen to her ?
Begin denied entry, because she would trigger a 10 year ban.
>
> 2- She is concerned about leaving the US by air because they collect
> the I-94 at the gate. Shall she say that she lost that form or is it
> better for her to return it anyway ?
Either way, it doesn't matter. The fact that she overstayed is triggering
a 10 year ban in any case.
> 3- Is it true that the gate person is NOT an INS agent and that they
> CANNOT do anything on your way out ? For instance that they cannot
> fine and that aside from collecting this I-94 form they have no other
> way of Recording somewhere that you overstayed ?
Not on the way out, but they have a record that she overstayed, because
the airlines have to give the passenger manifest to INS.
But she would have to show that she didn't overstay, anyway.
There is no way around the 10 year ban. Period.
> Hello,
>
> Imagine that someone (say Judith) has overstayed her tourist visa
> waiver by a year and a half. Her legal date of departure is written on
> her I-94W and also on her passport. Her plan is to go back to France,
> "loose" her passeport and come back on a tourist visa again.
Won't work. They have her name in their computer.
>
> 1- What is the worst case scenario that can happen to her ?
Begin denied entry, because she would trigger a 10 year ban.
>
> 2- She is concerned about leaving the US by air because they collect
> the I-94 at the gate. Shall she say that she lost that form or is it
> better for her to return it anyway ?
Either way, it doesn't matter. The fact that she overstayed is triggering
a 10 year ban in any case.
> 3- Is it true that the gate person is NOT an INS agent and that they
> CANNOT do anything on your way out ? For instance that they cannot
> fine and that aside from collecting this I-94 form they have no other
> way of Recording somewhere that you overstayed ?
Not on the way out, but they have a record that she overstayed, because
the airlines have to give the passenger manifest to INS.
But she would have to show that she didn't overstay, anyway.
There is no way around the 10 year ban. Period.
Dec 21st 2002, 11:48 pm
#3
Guest
Posts: n/a
Re: How to leave the US with an overstayed Tourist visa waiver (I-94W
tiriloII wrote:
>
> Hello,
>
> Imagine that someone (say Judith) has overstayed her tourist visa
> waiver by a year and a half. Her legal date of departure is written on
> her I-94W and also on her passport. Her plan is to go back to France,
> "loose" her passeport and come back on a tourist visa again.
>
> 1- What is the worst case scenario that can happen to her ?
>
> 2- She is concerned about leaving the US by air because they collect
> the I-94 at the gate. Shall she say that she lost that form or is it
> better for her to return it anyway ?
>
> 3- Is it true that the gate person is NOT an INS agent and that they
> CANNOT do anything on your way out ? For instance that they cannot
> fine and that aside from collecting this I-94 form they have no other
> way of Recording somewhere that you overstayed ?
Her details WILL be taken and they will attempt to match the details
with her inbound I-94 ...
She needs to get a tourist visa for her next entry which stands a good
chance of being refused unless she can prove extremely close ties with
France.
>
> Hello,
>
> Imagine that someone (say Judith) has overstayed her tourist visa
> waiver by a year and a half. Her legal date of departure is written on
> her I-94W and also on her passport. Her plan is to go back to France,
> "loose" her passeport and come back on a tourist visa again.
>
> 1- What is the worst case scenario that can happen to her ?
>
> 2- She is concerned about leaving the US by air because they collect
> the I-94 at the gate. Shall she say that she lost that form or is it
> better for her to return it anyway ?
>
> 3- Is it true that the gate person is NOT an INS agent and that they
> CANNOT do anything on your way out ? For instance that they cannot
> fine and that aside from collecting this I-94 form they have no other
> way of Recording somewhere that you overstayed ?
Her details WILL be taken and they will attempt to match the details
with her inbound I-94 ...
She needs to get a tourist visa for her next entry which stands a good
chance of being refused unless she can prove extremely close ties with
France.
Dec 21st 2002, 11:49 pm
#4
Guest
Posts: n/a
Re: How to leave the US with an overstayed Tourist visa waiver
Joachim Feise wrote:
>
> tiriloII wrote:
> > Hello,
> >
> > Imagine that someone (say Judith) has overstayed her tourist visa
> > waiver by a year and a half. Her legal date of departure is written on
> > her I-94W and also on her passport. Her plan is to go back to France,
> > "loose" her passeport and come back on a tourist visa again.
>
> Won't work. They have her name in their computer.
>
> >
> > 1- What is the worst case scenario that can happen to her ?
>
> Begin denied entry, because she would trigger a 10 year ban.
>
> >
> > 2- She is concerned about leaving the US by air because they collect
> > the I-94 at the gate. Shall she say that she lost that form or is it
> > better for her to return it anyway ?
>
> Either way, it doesn't matter. The fact that she overstayed is triggering
> a 10 year ban in any case.
>
> > 3- Is it true that the gate person is NOT an INS agent and that they
> > CANNOT do anything on your way out ? For instance that they cannot
> > fine and that aside from collecting this I-94 form they have no other
> > way of Recording somewhere that you overstayed ?
>
> Not on the way out, but they have a record that she overstayed, because
> the airlines have to give the passenger manifest to INS.
> But she would have to show that she didn't overstay, anyway.
> There is no way around the 10 year ban. Period.
Missed the year and a half bit ... absolutely no way to reenter within
10 years. If she attempts to re-enter in that time she can be barred
for life.
>
> tiriloII wrote:
> > Hello,
> >
> > Imagine that someone (say Judith) has overstayed her tourist visa
> > waiver by a year and a half. Her legal date of departure is written on
> > her I-94W and also on her passport. Her plan is to go back to France,
> > "loose" her passeport and come back on a tourist visa again.
>
> Won't work. They have her name in their computer.
>
> >
> > 1- What is the worst case scenario that can happen to her ?
>
> Begin denied entry, because she would trigger a 10 year ban.
>
> >
> > 2- She is concerned about leaving the US by air because they collect
> > the I-94 at the gate. Shall she say that she lost that form or is it
> > better for her to return it anyway ?
>
> Either way, it doesn't matter. The fact that she overstayed is triggering
> a 10 year ban in any case.
>
> > 3- Is it true that the gate person is NOT an INS agent and that they
> > CANNOT do anything on your way out ? For instance that they cannot
> > fine and that aside from collecting this I-94 form they have no other
> > way of Recording somewhere that you overstayed ?
>
> Not on the way out, but they have a record that she overstayed, because
> the airlines have to give the passenger manifest to INS.
> But she would have to show that she didn't overstay, anyway.
> There is no way around the 10 year ban. Period.
Missed the year and a half bit ... absolutely no way to reenter within
10 years. If she attempts to re-enter in that time she can be barred
for life.
Dec 22nd 2002, 5:56 am
#5
Guest
Posts: n/a
Re: How to leave the US with an overstayed Tourist visa waiver (I-94W
Joachim Feise wrote:
> tiriloII wrote:
>
>> Hello,
>> Imagine that someone (say Judith) has overstayed her tourist visa
>> waiver by a year and a half. Her legal date of departure is written on
>> her I-94W and also on her passport. Her plan is to go back to France,
>> "loose" her passeport and come back on a tourist visa again.
>
>
> Won't work. They have her name in their computer.
>
>> 1- What is the worst case scenario that can happen to her ?
>
>
> Begin denied entry, because she would trigger a 10 year ban.
I should proofread my posts...
I meant to say "Being denied entry..."
> tiriloII wrote:
>
>> Hello,
>> Imagine that someone (say Judith) has overstayed her tourist visa
>> waiver by a year and a half. Her legal date of departure is written on
>> her I-94W and also on her passport. Her plan is to go back to France,
>> "loose" her passeport and come back on a tourist visa again.
>
>
> Won't work. They have her name in their computer.
>
>> 1- What is the worst case scenario that can happen to her ?
>
>
> Begin denied entry, because she would trigger a 10 year ban.
I should proofread my posts...
I meant to say "Being denied entry..."
Dec 23rd 2002, 8:07 pm
#6
Guest
Posts: n/a
Re: How to leave the US with an overstayed Tourist visa waiver (I-94W
>Won't work. They have her name in their computer.
How can the INS get her name if she does not give her I-94 ?
>Begin denied entry, because she would trigger a 10 year ban.
>Again how can this be triggered without the I-94 beeing given to the airplane agent ?
>Not on the way out, but they have a record that she overstayed, because
the airlines have to give the passenger manifest to INS.
What is this manifest ?
How can the INS get her name if she does not give her I-94 ?
>Begin denied entry, because she would trigger a 10 year ban.
>Again how can this be triggered without the I-94 beeing given to the airplane agent ?
>Not on the way out, but they have a record that she overstayed, because
the airlines have to give the passenger manifest to INS.
What is this manifest ?
Dec 23rd 2002, 8:10 pm
#7
Guest
Posts: n/a
Re: How to leave the US with an overstayed Tourist visa waiver (I-94W
>Her details WILL be taken and they will attempt to match the details
with her inbound I-94 ...
How will her details be taken and transmitted to INS if she LOST her I-94 ?
with her inbound I-94 ...
How will her details be taken and transmitted to INS if she LOST her I-94 ?
Dec 23rd 2002, 9:58 pm
#8
BE Enthusiast
Joined: Sep 2002
Posts: 565
I'm not sure, but I think, Airlines have to give their boarding list with all the names to INS
Dec 23rd 2002, 11:13 pm
#9
Guest
Posts: n/a
Re: How to leave the US with an overstayed Tourist visa waiver (I-94W
tiriloII wrote:
>
> >Her details WILL be taken and they will attempt to match the details
> with her inbound I-94 ...
>
> How will her details be taken and transmitted to INS if she LOST
> her I-94 ?
The I-94 consists of two parts ... The Record of Arrival, and the Record
of Departure. You complete the whole thing when you arrive. The top
half, the record of arrival is kept by the INS and scanned and logged in
a computer. The bottom half is given to the visitor. On departing the
US, the I-94 bottom half (record of departure) is returned to the INS
and matched with the top half.
So, when she leaves, she will be given a form to complete in place of an
I-94 Record of Departure which will allow the INS to link this departure
with the unmatched records of arrival they already have. This form is
transmitted to the INS.
>
> >Her details WILL be taken and they will attempt to match the details
> with her inbound I-94 ...
>
> How will her details be taken and transmitted to INS if she LOST
> her I-94 ?
The I-94 consists of two parts ... The Record of Arrival, and the Record
of Departure. You complete the whole thing when you arrive. The top
half, the record of arrival is kept by the INS and scanned and logged in
a computer. The bottom half is given to the visitor. On departing the
US, the I-94 bottom half (record of departure) is returned to the INS
and matched with the top half.
So, when she leaves, she will be given a form to complete in place of an
I-94 Record of Departure which will allow the INS to link this departure
with the unmatched records of arrival they already have. This form is
transmitted to the INS.
Dec 24th 2002, 3:17 pm
#10
Guest
Posts: n/a
Dear Stuart thanks for your reply. Actually what you said about filling out a new I-94 (or equivalent) confirms what the airline company actually told me too. So thanks.
I wonder if they actually do enforce that thought because I remember leaving many times without giving my I-94 and no-one actually asked for me to fill out a new form. Many friends of mine too. Maybe the airline company people actually fill it out themselves ? I don't know.
Anyway, so I guess the only option is to leave the country not by plane but by car or on foot. Maybe by Mexican border or Canada ? I heard that there is no check on the way out these ways.
What do you think ?
I wonder if they actually do enforce that thought because I remember leaving many times without giving my I-94 and no-one actually asked for me to fill out a new form. Many friends of mine too. Maybe the airline company people actually fill it out themselves ? I don't know.
Anyway, so I guess the only option is to leave the country not by plane but by car or on foot. Maybe by Mexican border or Canada ? I heard that there is no check on the way out these ways.
What do you think ?
Dec 24th 2002, 4:34 pm
#11
Guest
Posts: n/a
Re: How to leave the US with an overstayed Tourist visa waiver (I-94W French) ?
What about crossing into Canada or Mexico via a land border and flying home
from there?
"Ivonne" wrote in message
news:[email protected]...
> I'm not sure, but I think, Airlines have to give their boarding list
> with all the names to INS
> --
> Posted via http://britishexpats.com
from there?
"Ivonne" wrote in message
news:[email protected]...
> I'm not sure, but I think, Airlines have to give their boarding list
> with all the names to INS
> --
> Posted via http://britishexpats.com
Dec 24th 2002, 5:10 pm
#12
Guest
Posts: n/a
Re: How to leave the US with an overstayed Tourist visa waiver (I-94W
tiriloII wrote:
>
> Dear Stuart thanks for your reply. Actually what you said about filling
> out a new I-94 (or equivalent) confirms what the airline company
> actually told me too. So thanks.
> I wonder if they actually do enforce that thought because I remember
> leaving many times without giving my I-94 and no-one actually asked for
> me to fill out a new form. Many friends of mine too. Maybe the airline
> company people actually fill it out themselves ? I don't know.
>
> Anyway, so I guess the only option is to leave the country not by plane
> but by car or on foot. Maybe by Mexican border or Canada ? I heard that
> there is no check on the way out these ways.
>
> What do you think ?
She'll still have an unmatched half of an I-94 on record with the INS.
So, while there's no check going out through Mexico or Canada, the INS
can still pick her up on an attempted re-entry because they didn't get
the return half.
It's a huge risk ... a lifetime bar vs a 10 year bar.
>
> Dear Stuart thanks for your reply. Actually what you said about filling
> out a new I-94 (or equivalent) confirms what the airline company
> actually told me too. So thanks.
> I wonder if they actually do enforce that thought because I remember
> leaving many times without giving my I-94 and no-one actually asked for
> me to fill out a new form. Many friends of mine too. Maybe the airline
> company people actually fill it out themselves ? I don't know.
>
> Anyway, so I guess the only option is to leave the country not by plane
> but by car or on foot. Maybe by Mexican border or Canada ? I heard that
> there is no check on the way out these ways.
>
> What do you think ?
She'll still have an unmatched half of an I-94 on record with the INS.
So, while there's no check going out through Mexico or Canada, the INS
can still pick her up on an attempted re-entry because they didn't get
the return half.
It's a huge risk ... a lifetime bar vs a 10 year bar.
Dec 25th 2002, 4:30 am
#13
Guest
Posts: n/a
Re: How to leave the US with an overstayed Tourist visa waiver (I-94W French) ?
For how long does it stay in the computer?
"Stuart Brook" wrote in
message news:[email protected]...
> tiriloII wrote:
> >
> > >Her details WILL be taken and they will attempt to match the details
> > with her inbound I-94 ...
> >
> > How will her details be taken and transmitted to INS if she LOST
> > her I-94 ?
> The I-94 consists of two parts ... The Record of Arrival, and the Record
> of Departure. You complete the whole thing when you arrive. The top
> half, the record of arrival is kept by the INS and scanned and logged in
> a computer. The bottom half is given to the visitor. On departing the
> US, the I-94 bottom half (record of departure) is returned to the INS
> and matched with the top half.
> So, when she leaves, she will be given a form to complete in place of an
> I-94 Record of Departure which will allow the INS to link this departure
> with the unmatched records of arrival they already have. This form is
> transmitted to the INS.
"Stuart Brook" wrote in
message news:[email protected]...
> tiriloII wrote:
> >
> > >Her details WILL be taken and they will attempt to match the details
> > with her inbound I-94 ...
> >
> > How will her details be taken and transmitted to INS if she LOST
> > her I-94 ?
> The I-94 consists of two parts ... The Record of Arrival, and the Record
> of Departure. You complete the whole thing when you arrive. The top
> half, the record of arrival is kept by the INS and scanned and logged in
> a computer. The bottom half is given to the visitor. On departing the
> US, the I-94 bottom half (record of departure) is returned to the INS
> and matched with the top half.
> So, when she leaves, she will be given a form to complete in place of an
> I-94 Record of Departure which will allow the INS to link this departure
> with the unmatched records of arrival they already have. This form is
> transmitted to the INS.
Dec 25th 2002, 4:15 pm
#14
Guest
Posts: n/a
Re: How to leave the US with an overstayed Tourist visa waiver (I-94W
Just Me wrote:
>
> For how long does it stay in the computer?
Nobody knows except the INS and their analysts. I would expect it to be
a good long time - as in years.
>
> For how long does it stay in the computer?
Nobody knows except the INS and their analysts. I would expect it to be
a good long time - as in years.
Jan 4th 2003, 6:14 pm
#15
Guest
Posts: n/a
Re: How to leave the US with an overstayed Tourist visa waiver (I-94W French) ?
I just opened my passport after returning home from Bermuda and discovered
that I still have their embarcation card. Assuming for the sake of argument
that the card was a US I-94, what would I need to do to straighten out the
presumption that I had overstayed a visa rather than their was a minor screw
up at the airport?
If they asked me tomorrow, it would be easy, I'd still have airplane
tickets, could easily retrieve credit card receipts from the departure
lounge at the airport, etc. If this happened five years from now and I had
to justify it at a customs booth at their airport, this would be tough.
What would INS do if I denied overstaying my visa and said that the reason I
didn't have a departure from was because I had either departed through
Canada or because their was a screw up in retrieving the form.
I'm not advocating lying to the INS, it has been my experience that lying is
almost always worse, but I'm curious how they deal with this.
Stu
"Stuart Brook" wrote in
message news:[email protected]...
> Just Me wrote:
> >
> > For how long does it stay in the computer?
> Nobody knows except the INS and their analysts. I would expect it to be
> a good long time - as in years.
that I still have their embarcation card. Assuming for the sake of argument
that the card was a US I-94, what would I need to do to straighten out the
presumption that I had overstayed a visa rather than their was a minor screw
up at the airport?
If they asked me tomorrow, it would be easy, I'd still have airplane
tickets, could easily retrieve credit card receipts from the departure
lounge at the airport, etc. If this happened five years from now and I had
to justify it at a customs booth at their airport, this would be tough.
What would INS do if I denied overstaying my visa and said that the reason I
didn't have a departure from was because I had either departed through
Canada or because their was a screw up in retrieving the form.
I'm not advocating lying to the INS, it has been my experience that lying is
almost always worse, but I'm curious how they deal with this.
Stu
"Stuart Brook" wrote in
message news:[email protected]...
> Just Me wrote:
> >
> > For how long does it stay in the computer?
> Nobody knows except the INS and their analysts. I would expect it to be
> a good long time - as in years.