lorac147

I overstayed in the USA got married but my husband died.Last Feb 06 so I came home because I was has they say a legal alien. But can you tell me seeing has I had to have a new passport in a different name how they would know I had overstayed if I wanted to go visit my husbands grave in the usa.
My passport is still british .And I had no problems coming out of the country was asked no questions etc just normal procedure. thanks for any help

Noorah101

What was your status in the USA when you left in Feb 06?

Rene

lorac147

I didn't have a status. my husband had heart attack so he didn't get enough money to sponsor me. So I just stayed the INS told me when I went to see them about the Dec 2000 thing where illegal aliens could get visa and stuff that I came into the country legally so I was classed has a legal alien.
I know some people say that they won't let you back into the states if you ovrstayed but I can't see how they know I overstayed. Or am I missing something.

Duncan Roberts

How did you enter originally?

Noorah101

How long did you overstay?

lorac147

Six years I came in on a visa waiver the ones you fill in on the plane. When I was leaving the checking need the other end I just gave them the one from 6rs ago because I never lost it and didn't say anything to them they took it and everything was ok

Noorah101

Yes, they don't have any problem with you leaving the USA, that won't be questioned. It is returning to the USA that will be questioned.

An overstay of 6 years has given you a 10-year ban from entering the USA. You can try it if you want, but be prepared to be turned away at the POE.

Rene

lorac147

but how do they know I overstayed where does it say that I did
My passport is new in a different name and it was that passport that I left the country on it wasn't stamped or anything
So My question still is how do they know

farmerwife

As you overstayed, you are not eligible for the VWP. So if you were to fill out an application for a B1, you would have to provide information about your previous time here. So one way they would know is because you would declare it on a visa application form.

Duncan Roberts

And if you lied and used the VWP again, you are in their system as having overstayed so as soon as you go through immigration they will be able to see you a) overstayed and b) lied on the VWP form. Your passport may be different but the code that says who you are isn't, would be a bit of a major security loophole if it was. At least that is my understanding.

Sapphyre

On May 11, 3:21 pm, lorac147 <[email protected]>
wrote:
> but how do they know I overstayed where does it say that I did
> My passport is new in a different name and it was that passport that I
> left the country on it wasn't stamped or anything
> So My question still is how do they know

When you return your I-94W, that's when your information is recorded
into their computer.

They may or may not know you changed your name. I changed my name, and
they know it's me. They record information and answers you give them,
and write notes of their own. I know this for certain, how you might
ask, here's an example.

On Feb 6 2007, I crossed and was asked where I worked (this was at
secondary, but I told them at primary inspection too). I'm sure it was
noted earlier than that, but that's what I told them, the job I did.
The guy asking seemed to know a little more than I told him, so I got
the impression it had already been noted.

On Feb 18, I quit my job, and sought a better job elsewhere.

In April of this year, I crossed, and was asked three times where I
worked (at secondary, it wasn't my fault I was there, it was my
passenger, I'm sure about that because they told me his admissibility
was in question). After the third time, the guy said to me, "don't you
do this, at this store?" So he knew what my job title was, what store
it was at, and that I ran a franchise inside a franchise, like really
detailed information (I had a proof of where I worked when I entered
for four weeks last year, because I was warned in Feb 2006 to bring
ironclad proof of residence and employment before attempting to enter
the US again).

Then the officer asked, after I told him, "I quit, I have a new job
now", what the date was that I quit, then he went back to the computer
(not at the counter where he was asking questions), and consulted it
some more. So they know damn well where I worked on the 6th of
February, and tested me to see if I lied to them on the 6th about
where I work (like maybe I was unemployed then, and stretching out my
"old job"). I have many theories, because after he consulted the
computer, he asked me when I started the new job, how I knew to get
the new job, and various questions as if to doubt what I was telling
him. I did have a pay stub and a letter from my new employer to back
that up, but it didn't matter. They recorded information and
questioned me relating to things I told them on three previous visits.

So my advice is, don't assume anything about what they know or don't
know. Also, just a word of warning, changing your name (without good
reason) is suspicious to them. I heard this straight from a POE
Officer (in Canada). She told me that aside from marriage, I'd be ill
advised to change my name again unless I wanted to do a lot of
explaining. I can't even get security cleared without an interview
because people assume that I'm hiding something without understanding
that getting my Canadian Citizenship and the Name Change where done
around the same time so I could blend better in society. US
Immigration doesn't like that so much... they probably assume I'm
hiding my nationality, but it says where I was born in my Canadian
passport.

S.

Joe Feise

lorac147 wrote on 05/11/07 12:21:

>> Yes, they don't have any problem with you leaving the USA, that won't
>> be questioned. It is returning to the USA that will be questioned.
>>
>> An overstay of 6 years has given you a 10-year ban from entering the
>> USA. You can try it if you want, but be prepared to be turned away at
>> the POE.
>>
>> Rene
>
> but how do they know I overstayed where does it say that I did
> My passport is new in a different name and it was that passport that I
> left the country on it wasn't stamped or anything
> So My question still is how do they know

They know. They are the government, they have access to all kinds of information.
For example, you were presumably flying out. The airlines are required to
provide information like passport #, name, etc. to DHS. That, and the number on
the I-94W is enough to tie your old and new name and old and new passport together.
Bottom line: they know.
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.