Rammy1964

Yes, i get that its ultimately my responsibility. However, the US Authorities know before anyone gets on a plane to their country, who they are and there entire life story pretty much. Most specifically if that person has an authority to travel. That's the whole point of an ESTA and of a Visa. I didn't have authority to travel (though I mistakenly thought I did). Surely someone should have stopped me getting on the plane in the first instance.

scrubbedexpat099

Paris attacker likely could have traveled to U.S., officials say - CNNPolitics.com

Exactly, the current story line as you will see in this link is the number of Jihadi's able to use the VWP. Certainly does not help the story where someone who should have been flagged was not and got as far as the PoE in the US.

Rammy1964

That said, in my case the PoE did its job satisfactorily as the last layer of defence.

scrubbedexpat099

True.

But a little bit worrying.

Noorah101

I don't think the person letting you on the plane knows your whole history. They are just doing a surface-level check to see if you have a visa or approved ESTA. It's the POE officer who looks up all your history in the computer and makes the final decision to let you in the USA or not.

Rene

ian-mstm

Perhaps... but airline personnel certainly don't.


Airline personnel do not have access to US immigration information. They'd have no idea whether or not your ESTA is valid... all they know, is that it is unexpired.


As you now know, it's not the job of airline personnel to act as US immigration officers. You weren't on a no-fly list and you had what appeared to be a valid ESTA. It was your responsibility to not have travelled... it was not the airline personnel's responsibility to stop you from flying given the information they had.


I understand your frustration but, with respect, you're trying to lump the whole group together as though this was some sort of grand conspiracy against you - and that's just ridiculous.

Ian

Rammy1964

Ian, with respect you're wrong about me. Other than the frustrated bit. I accept full responsibility for my actions, however ill informed. I am simply trying to understand if I have any mitigation with regards to my refused entry, which otherwise is likely to be prejudicial. I don't seek to blame BA personnel, simply to understand their role here.

I get the impression that had I not handed the Officer at the PoE my Form 193 claiming it to be a Temp B2 Visa, I would have got in.

Jerseygirl

Let it go. I realise how frustrating it must be but let it go...no good is going to come out of pointing the finger at US immigration. Don't you think the IO would have been able to see your immigration history on his screen...with or without the Temp B2? The outcome would have been the same...you would have been refused entry. You overstayed whilst visiting on the VWP. You cannot use that again...so how exactly would you have been allowed into the US? I'm sure our more experienced members will correct me if I am wrong.

celticgrid

I must admit that I'm unclear on the fine details of what makes you liable to complete a tax return in the OP's situation...

...BUT...

if the OP does need to complete a tax return what is the liability for FBAR and FATCA? My assumption, reading the thread, is that there's some non-trivial cash or assets hanging around. As I read things, if you have to fill in a tax return you have to do FATCA if there are assets above the set levels. No FACTCA required is there's no tax return required.

FBAR is required, as I read it, even if you don't complete a tax return, if you qualify as resident - but it isn't clear to me whether that's resident in terms of USCIS or IRS terminology.

As usual with all this stuff, my head hurts just thinking about it.

Raising this as a general, but related, point. The OP should not perhaps dismiss the IRS/Treasury aspect quite so easily?

Rammy1964

I'm starting to get the feeling that any involvement with the US is a bad idea these days. Maybe I should be heading East instead, though Panama City is looking interesting - not the one in Florida of course

Rammy1964

The IO made a comment to me quite specifically "But your ESTA is still valid?". I suppose this begs the question for me (in case anyone can answer) how do the US authorities know when I left their country for certain. I assume that they must have access to the passenger manifests and can therefore determine exactly if/when people leave. I don't think my passport gets scanned by BC on the way out.

Jerseygirl

Now you've gone back to ESTA...your previous post was questioning the Temp B2 Visa. You've already been told ESTA only gives you permission to board the plane...not to enter the US.

BTW when it comes to entering the US/UK/Canada I assume the IO knows what I've had for breakfast.

sir_eccles

Your ESTA was only "valid" because you failed to re-apply for ESTA once your circumstances changed. Your circumstances changed when you overstayed.

Exit control is performed by airline staff when they check you in. Data is then sent to various agencies.

ian-mstm

I'm going to guess that you didn't update ESTA following your overstay, as you are required to do... so if you didn't do that, then all he sees is the lie (whether deliberate or not). Or, it's entirely possible that he was lying to you. He is allowed to lie to you... and with complete impunity.


I suggest they don't always know - because you could have left by a land border via Canada, and so there is no airline manifest. However, CBSA shares their info with the CBP - but perhaps it takes time for things to mesh up together. So... perhaps they do, perhaps they don't. However, you must assume they do.


There's no US immigration exit control when you leave the US... but they probably can track you. That said, they don't have the resources to track when every visitor to the US leaves. So, again, you must assume they do.

If you attempt to return, you'll likely find out first hand what happens. In that case, please let us know how it goes!

Ian

Rammy1964

I will indeed let you guys know how I get on. I have spent much of the day reading up on the INA, ineligibility, Waivers of such. Presumption of Immigrant intent and all that shit. Nightmare. However, I have finally figured out that B-2 Isn't the right route forward for me, nor is Fiance or Spouse Visa. They take ages and are not what I was planning anytime soon, and certainly not to try and live there! God forbid.
It seems on more considered reflection that either a B1, E2 or L1. I am suitable and could pursue all three, where the B1 is used to allow me to scope out establishing my business and seek US based investment for it. E2 where I set up the US Subsidiary and finance it out of the UK, or L1 where once the subsidiary is set up, I transfer across to run it. Not interested in getting a green card particularly so any constructive thoughts from the experts as to any further issues I may face would be welcome.
My gut feeling is that initially a B1 should be all I need, scope out and seek out US investment. The overstay of 5 days may have lost me the ESTA, but there is nowhere in the INA that suggests such an overstay is prejudicial except beyond 180 days. So far as I can see.
There is a lot of historical supporting evidence I have to show that my intent has for some time been to establish my business in the US. The fact I love a yank is immaterial in that. Or at least should be!
In the meantime I will rent a pad in Toronto and encourage her to visit at weekends.
I wish it was summer.