illegal stay on b1/b2

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Old Oct 22nd 2002, 10:06 pm
  #1  
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Default illegal stay on b1/b2

i need to find out what would happen if i overstayed my tourist visa and then said i lost my passport when i went to the airport?? do they have a record....and when i come back ill be on a new passport without the visa so am i able to come in on the visa waiver??
can anyone tell me?
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Old Oct 23rd 2002, 12:06 am
  #2  
Joachim Feise
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Default Re: illegal stay on b1/b2

fleming77 wrote:
    > i need to find out what would happen if i overstayed my tourist visa and
    > then said i lost my passport when i went to the airport?? do they have a
    > record....

Yes. The airlines have to give the passenger manifest to INS.

    > and when i come back ill be on a new passport without the visa
    > so am i able to come in on the visa waiver??

Don't even try. This would be fraud, and you could get banned for life.
Never lie to INS.
 
Old Oct 23rd 2002, 2:10 am
  #3  
Ingo Pakleppa
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Default Re: illegal stay on b1/b2

On Tue, 22 Oct 2002 15:06:43 -0700, fleming77 wrote:


    > i need to find out what would happen if i overstayed my tourist visa and
    > then said i lost my passport when i went to the airport??

If you lost your passport, chances are the airline would want to see some
other kind of proof of citizenship in your destination country. They don't
like to let people on board unless the airline knows they will get rid of
the passenger at the destination.

In any case, it doesn't matter to INS whether or not you have your
passport. They know that you overstayed because the I-94 that you filled
out when you arrived will still be in their files, and there won't be a
matching departure record.

When the question arises, it would be YOUR responsibility to prove that
you left on time, not the INS' responsibility to prove that you
overstayed. That's why it is important to return the I-94 when you leave.

    > do they have a record....and when i come back ill be on a new passport
    > without the visa so am i able to come in on the visa waiver?? can anyone
    > tell me?

INS computer system is smart enough to not just look at the passports. It
also looks at your name, description and other criteria. They are actually
pretty good at catching people with multiple identities, even if the names
are different, because this is a common way of committing fraud.
Incidentally, INS is also connected to an international network where many
countries report lost, stolen and newly issued passport.

Bottom line: first, what you are suggesting would amount to fraud anyway.
But that aside, you would also get caught.
 
Old Oct 23rd 2002, 7:52 pm
  #4  
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Default Re: illegal stay on b1/b2

i would, under no circumstances even consider staying in the US beyond the legitimate time length of a tourist visa. the INS is more alert than ever and offenders will be dealt harshly. you'll just end up in trouble with the law which will cause you endless amounts of hassles when travelling in the future. why take the risk?
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