Ragnox

The airport to leave the US and return to the UK

crg

And you fell for that? If the guard didn't think you were fit to enter, why would he admit you? Under the circumstances you describe, the particular border guard you spoke to doesn't get to decide what happens the next time you seek entry. He/She only gets to decide if you enter that time. The next guard will make the determination the next time and is not bound by the opinion of the previous official.

Ragnox

Well at first he said I was going to be denied started tapping at his PC and as I was asking for a genuine reason as to why he started laughing and said sorry - "im trying to get in the FBI so I have a game face" stamped my passport and and allowed me to enter.

why shouldn't I believe him?

crg

Once he admits you, he cedes any say in what happens the next time. If he determined you were inadmissible, he would have to refuse you or parole you on that attempt. If he admitted you under the VWP, he's indicating that he found you to be admissible. He can't find you unfit to enter the next time and admit you that time.

Ragnox

Well I wasn't to know that back then.

crg

That's understandable. Many people who post here have applied for a visa when told something similar. They apply, are denied the visa, and then denied the ESTA. Only a few opt to stay and earn the 10 year bar. Ideally, you would have traveled with more evidence that you were fit to enter and/or made shorter visits that were farther apart.

Ragnox

Yeah I understand that. Due to the circumstances that day and then thinking I wouldn't be able to come back just encouraged me to overstay. I know I will have the 10 year ban and I cant say it isn't justified.

I know Its wrong and will except the consequences.

crg

On the bright side, if you are firmly established in the UK and let a few years go by, they will likely get over it well before the 10 years are up.

Ragnox

Well that would be great but as it stands now I have no desire to come back here anytime soon. I've had a great time here with all the visits etc within the last three years. Met a ton of awesome people had some amazing times and been all over the east coast. Shame I never went West :-) But it is time I went home.

One final 1000 mile drive to Florida on Monday before I depart for the UK on May 31st!

ian-mstm

You said you've overstayed 13 months, but that doesn't seem right. You said you entered in February 2011 and were supposed to leave in May 2011. When in May? What date exactly? If you leave the US prior to that same date in May, you'll have only a 3-year ban... not a 10-year ban. The 10-year ban doesn't kick in until you've overstayed 1 year or more. Of course, if you're already 1 year past that date in May, then there's nothing more to add.

Ian

Ragnox

I should Have left by May 11th 2011

ian-mstm

Had you left the US by May 11 2012, you'd only have a 3-year ban. Oh well... too late now! Seven years extra for being one week late!

Ian

scrubbedexpat099

How did you manage the DL and Insurance?

Jerseygirl

...and money?

Ragnox

I wont be driving. I own a business back in the UK. Money and costs are of no concern to me.