fleming77

My B2 expired at beginning of dec however i applied for a 6 month extension before then and have just(jan 17th) received notice that it was denied. They say i must make arrangements to leave but then say i have 180 days of unlawful presence before i am subject to 3 or 10 year bars.
If i stay say 100 days over expiry are the immigration going to give me a hard time when i go to the airport and will i be subject to a bar?
Also, are the INS likely to turn up at my door in the near future?

Can anyone help me..i have a flight booked for end of march and have every intention of leaving.

THanks in advance.

Dave

Stuart Brook

fleming77 wrote:
    >
    > My B2 expired at beginning of dec however i applied for a 6 month
    > extension before then and have just(jan 17th) received notice that it
    > was denied. They say i must make arrangements to leave but then say i
    > have 180 days of unlawful presence before i am subject to 3 or 10
    > year bars.
    > If i stay say 100 days over expiry are the immigration going to give me
    > a hard time when i go to the airport and will i be subject to a bar?
    > Also, are the INS likely to turn up at my door in the near future?
    >
    > Can anyone help me..i have a flight booked for end of march and have
    > every intention of leaving.
    >
    > THanks in advance.
    >
    > Dave

It is possible that the INS will arrive on your door and they could do
one of 3 things ... Take you into custody. Put you into immediate
removal. Tell you to leave immediately.

You will not have a hard time departing the US.

You will have a hard time getting a visa and seeking entry if a visa is
granted should you wish to return to the US in the future, the longer
you remain in the US.

fleming77

Thanks stuart for that. HOpe they dont turn up.If they do turn up and i show them my flight details, will they still ask me to leave immediately?

So if i try to come back in to the US in say 6-8 months, which by then i will have a new passport without the visa....are they likely to refuse entry?

thanks
dave

Ingo Pakleppa

On Sun, 02 Feb 2003 23:46:45 +0000, fleming77 wrote:


    > Thanks stuart for that. HOpe they dont turn up.If they do turn up and i
    > show them my flight details, will they still ask me to leave
    > immediately?

I practical terms, they won't show up. INS has way too many other things
to do with higher priority.

But that said, what they would do if they did show up at your door is
actually not ask you to leave immediately, but rather initiate deportation
proceedings. The "leave immediately" part only applies to certain people
who are asking for admission - but you have already been admitted. So you
would be in regular deportation proceedings.

Deportation proceedings start by giving you a Notice To Appear (NTA).
Sometimes, at this point they also would put you into custody, but usually
release you soon.

Next, there would be hearings (similar to a criminal trial in many
respect), and if a final order of deportation is issued - which is likely
at that point - you would be placed in custody again, and a few days later
fly home in handcuffs. After you have left the USA, you would be banned
from the US for five years (twenty years if you had been deported before).

That whole process takes years, though, and there is a lot you can do in
the meantime. The biggest thing you can do is apply for voluntary
departure. If this is granted, you will have two or three months to leave
the US at your own expense. This is obviously much cheaper to the US
government. As an incentive to choose this option, you will not be banned
from the US; you could apply for a visa the next day and, if the visa is
granted, can return right away (in practical terms, the visa probably
would be denied based on the suspicion that you would overstay again).

    > So if i try to come back in to the US in say 6-8 months, which by then i
    > will have a new passport without the visa....are they likely to refuse
    > entry?

Getting a new passport doesn't help. The INS has other ways of identifying
you, including fingerprints (they recently started fingerprinting some
arriving aliens). Trying to conceal this prior overstay could be construed
as immigration fraud - and that would get you not only denied admission,
but also banned from the US for life. So you better own up to it.

You should get a tourist visa before coming back, even if you are from a
visa waiver country. After six to eight months, there is a chance that the
visa will actually be approved if you can convince them that you won't
overstay again.

Stuart Brook

Ingo Pakleppa wrote:

    > I practical terms, they won't show up. INS has way too many other things
    > to do with higher priority.

Generally true ... but it happens.

    > But that said, what they would do if they did show up at your door is
    > actually not ask you to leave immediately, but rather initiate deportation
    > proceedings.

Actually, I have heard of the INS doing the "leave immediately (you have
n hours to leave in reality)" thing on overstays, with the threat to
return and initiate deportation. It may be a discretionary thing to
scare people into departing without invoking the cost of deportation
proceedings.

    > You should get a tourist visa before coming back, even if you are from a
    > visa waiver country. After six to eight months, there is a chance that the
    > visa will actually be approved if you can convince them that you won't
    > overstay again.

And the trouble is you have to convince not only the Consular official
when getting your visa, but also the INS when you try to enter.

If you try to come back within a year, make sure that you have proof of
significant ties to your home country.

Stuart