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Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

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Old Oct 10th 2009, 5:21 am
  #16  
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Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by mrjamesadams
I should add...
that when i returend to the UK i found my i-94 form..and on the advice of a friend who had done the same thing succesfully, i sent off that i-94 form to the US embassy saying that i had returned from england a week before hand - yes i lied..
Ah, you'll be fine. After all, it's not as if your passport was swiped and the date you left the US recorded on a computer which UCSIS can check at the click of a button, is it? Or as if there are flight databases that they can check? Oh, wait................

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Old Oct 10th 2009, 7:20 am
  #17  
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Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by ian-mstm
Not only did you lie, you shouldn't have sent it to the US Embassy. It should have gone to the CBP in London, Kentucky.

So, let's see...

a) you overstayed the VWP
b) you lied when returning your I-94
c) you sent it to the wrong place

and...

you still think you're okay to travel on the VWP?

You are *not* eligible. It's that simple. Don't be a fool... but if you insist on being a fool, don't bother asking for help from us to further your plan.

Ian
Ian ,
let him go - some people will learn their lesson only in the hard way.

the next post might even more interesting !!

Kind Regards
CCR
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Old Oct 10th 2009, 10:11 am
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Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

actually i did send it to the place in london...not the american embassy.

So what i cant understand is..why did i get approved via the esta system? if i was no longer approved for the vwp surely i would flag up right away?
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Old Oct 10th 2009, 10:15 am
  #19  
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Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by mrjamesadams
actually i did send it to the place in london...not the american embassy.

So what i cant understand is..why did i get approved via the esta system? if i was no longer approved for the vwp surely i would flag up right away?
Not sure. But there are threads in this forum where people got denied entry

even with approved Esta. What can happen is that the ESTA database

is not 100 % synchronized with other USCIS computers.

And the POE officer will this in his computer but again this is a guess.

At the end of the day it's your choice what you want to do.

Also you alone will have to take the risks.

Kind regards
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Old Oct 10th 2009, 10:16 am
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Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

also - are you sure passports are swiped when you leave? im 99.99% sure my passport was not swiped as i left.
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Old Oct 10th 2009, 10:22 am
  #21  
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Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by mrjamesadams
also - are you sure passports are swiped when you leave? im 99.99% sure my passport was not swiped as i left.
yes they do this when you enter the USA . As a interim they did this also 2006/2007 when you left as far as I can remember.

There wwere also plans to take the finger prints when you leave the US but I don't know how this has been implemented.

The most important thing is your I-94 which you have to return when you leave.

If there is any delay or mistake in processing your departure note you might be in trouble at the POE.

I don't want to scare you but I would say a B-2 is a good choice . Also it gives a maximum of 6 month stay subject to the POE office decision.

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Old Oct 10th 2009, 10:29 am
  #22  
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Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by mrjamesadams
So what i cant understand is..
Your understanding isn't required. You overstayed the VWP... ergo, you can never use it again. Full stop. End of story. Get on with your life.

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Old Oct 10th 2009, 11:34 am
  #23  
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Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

We are told that all the data bases connect, the Airlines tell them who is leaving and arriving.

I would be vaguely interested in knowing how accurate the exchange is, and a volunteer is worth more than a pressed man.
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Old Oct 10th 2009, 1:44 pm
  #24  
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Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by mrjamesadams
actually i did send it to the place in london...not the american embassy.

So what i cant understand is..why did i get approved via the esta system? if i was no longer approved for the vwp surely i would flag up right away?
All the ESTA does is allow you to board the plane in your home country, it has nothing to do with getting past the POE officer.
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Old Oct 10th 2009, 2:08 pm
  #25  
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Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

A person overstayed the VWP by 8 days in 1996, had an approved ESTA, but still got caught. Although there are some inaccuracies in it, this is her story:

http://www.independent.ie/travel/tra...d-1898771.html
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Old Oct 10th 2009, 2:20 pm
  #26  
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Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by crg
A person overstayed the VWP by 8 days in 1996, had an approved ESTA, but still got caught. Although there are some inaccuracies in it, this is her story:

http://www.independent.ie/travel/tra...d-1898771.html
It's quite lucky that those in a few airports can take thier chances BEFORE boarding the plane. The experience must be exponentially worse for those denied entry AFTER arriving to the USA.

To the OP. If you lie on you i-94W, knowing that you overstayed before, the worse that can happen is that you are banned forever from visiting the US, and that you are returned to your place of origin without being admitted to the US, but not the same day, so you could also be "detained" for a few days. Food must not be good while you are detained, but I'm hopeful they won't let you starve either. I'm positive there would be a little humiliation and some indignity sprinkled in at no charge.

If this is an acceptable risk to you, so be it, but the odds are unknown, and odds aside, what matters is what happens to you personally on arrival.

I don't judge what other's do when it doesn't affect me directly, so I won't judge, but I wouldn't do it.
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Old Oct 10th 2009, 2:38 pm
  #27  
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Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by A I
It's quite lucky that those in a few airports can take thier chances BEFORE boarding the plane. The experience must be exponentially worse for those denied entry AFTER arriving to the USA.

To the OP. If you lie on you i-94W, knowing that you overstayed before, the worse that can happen is that you are banned forever from visiting the US, and that you are returned to your place of origin without being admitted to the US, but not the same day, so you could also be "detained" for a few days. Food must not be good while you are detained, but I'm hopeful they won't let you starve either. I'm positive there would be a little humiliation and some indignity sprinkled in at no charge.

If this is an acceptable risk to you, so be it, but the odds are unknown, and odds aside, what matters is what happens to you personally on arrival.

I don't judge what other's do when it doesn't affect me directly, so I won't judge, but I wouldn't do it.
Even though she got nailed for an 8 day overstay, that lady hyped her story a bit. I've traveled through these overseas ports before and I didn't see any guns. It was probably an airport cop that marched her out.

I'm not sure if that's the worst that can happen. People have been charged criminally in the past. It probably depends on what lengths they go to in their attempt.
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Old Oct 10th 2009, 4:11 pm
  #28  
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Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Originally Posted by crg
People have been charged criminally in the past. It probably depends on what lengths they go to in their attempt.
That's true too. I had never heard of that happening, so I did not consider it. Since you would be providing false info on a government form, I guess it could be charged as fraud, and god knows what else. It seems what I described is a "bad" case, but it could be even worse
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Old Oct 10th 2009, 10:11 pm
  #29  
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Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

Im fine with getting the b2 - but im worried that because of my overstay they wont give it...or will that be okay - ie most brits getting a b2 are getting it because they overstayed..
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Old Oct 10th 2009, 10:22 pm
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Default Re: Overstayed visa waiver by just 8 days - will i encounter problem upon re-entry?

If only there was a way of KNOWING whether or not they overstayed. You see remember...when i left the US - i had lost the i-94 form so filled a new one in..also i had a different pasport to the one i had when i entered the US...then when i was back in england i sent off the i-94 which i had found at the bottom of my bag and said that i had returned a week earlier.
the esta was approved over 48 hours...
i think if i went for a b2 i would have no chance of getting it to be honest....as i entered the US quite a few times 2 years ago in one year - i did do a rather long backpacking trip you see..but its going to look so so suspicious if he looks up on his computer and sees all these 3 month stays in america and there is me requesting another 3 month stay.
Thank you for all the helpfull replies - i really dont know why some people on here are so sarcastic and rude though.
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