Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by BritishGuy36
(Post 6743935)
Changing passports is irrelevant, obviously activity on any old passport is linked to the new number. Otherwise, all anyone would need to do is get a new passport and avoid problems related to any previous activity.
However, if that was not the case, it is unlikely that all the information for every person entering and leaving the US would have been entered into a centralized database. Even if some POEs had the equipment but other POEs did not and the information was not manually entered for the POEs that did not have the equipment, than none of the information collected at that time could be relied on to be accurate. |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by BritishGuy36
(Post 6744126)
Border Control won't be interested in her claims of ties to the UK or promises of not abusing the system. She has previously demonstrated her willingness to abuse the system and that is all they will see - her age or disposition at the time is not relevant, as far as they are concerned.
I don't know of any such "stories" where people have got away with this, I would be dubious about these tales at best and as Morocco says there are no such tales on this forum. |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by uk_traveller
(Post 6744078)
Look, I can't speak for her, but I know she's not out to 'abuse the system', just to try and see if she gets back in
Originally Posted by uk_traveller
(Post 6744078)
And again, I've heard from people who've been in such a situation who have successfully attained entry to the States, but nobody who's preaching the rules who seems to be able to claim to have been deported...
Originally Posted by uk_traveller
(Post 6744078)
the difference is experience versus the soapbox.
|
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by Marocco
(Post 6744197)
I have heard of no one who was able to "slip through" through US immigration while subject to a ban.
I've advised her to go for it, but be aware it has a good chance of not working, meaning she won't get in and will be sent straight home. That said, I'm confident her leaving on a cancelled passport and coming back in on a new one, will put her in good stead. I'll certainly report back on what happened, just for the record. |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Some Facts then..
This was post 9-11 so her entry/exit change of passport etc will be logged and she will be denied. You will 99% find I suspect that overstayers got away with it as pre-9-11 overstays where "Didn't hand I-94" in sometimes worked. Now, all airlines report all passengers leaving/arriving into the USA. The POE / secondary processing can access those lists for sure. The POE agent, since the TB scare from Candaa has NO discretion. As I have reported before, my 20 year old son, a US Citizen of 5 years is called for secondary processing on EVERY re-entry to the USA simply because they have no record that he returned his green card ((they lost his green card). Sure POE is apologetic and frustrated they have to do this and as a USC myself, when I travel with my son, I now show them how pissed I am BUT they just shrug, as frustrated as I they can't bend the rules even for this... The POE has NO discretion. All "errors"/"Anomalies"/"orange flags" are sent to secondary processing. She will be sent back so get a cheap flight and I hope she likes Airline food. |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Pretty much easier to fill in the Esta form and see what it says ..
http://www.cbp.gov/xp/cgov/travel/id_visa/esta/ |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by uk_traveller
(Post 6744078)
I know she's not out to 'abuse the system'...
... because a ten year ban for somebody who overstayed as a young adult and clearly poses no risk... ... is absurdly draconian. Ian |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by uk_traveller
(Post 6744265)
But you're not banned until you attempt to re-enter...
Ian |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by uk_traveller
(Post 6744078)
BritishGuy36, How do you account for the tales of people who have overstayed and got in at a later point, then? Are they all lying in some kind of grand conspiracy against 'The System'? Of course not. The fact is that it's not a perfect system and if you do happen to have some abnormalities in your situation, there's a chance you'll 'slip through'.
Look, I can't speak for her, but I know she's not out to 'abuse the system', just to try and see if she gets back in, because a ten year ban for somebody who overstayed as a young adult and clearly poses no risk, plus can provide substantial evidence of her ties and intent to return to the UK, is absurdly draconian. Once her passport is scanned the POE will have available to them previous entries and exits ( yes new passport or not all the information from her old one will have been 'transfered' over) So what they are going to see is an entry on the VWP 5 years ago and no exit. She will be taken straight to secondary for questioning. Once in secondary her prior overstay will be established. There is / will be NO discretionary judgment, the regulations are quite clear so in that respect she could carry with her a personal letter from the Queen vouching for her return and it wouldn't matter a fiddlers pluck - she will NOT be allowed to enter and will be detained until arrangements are made for her removal and return flight back to the UK. Bottom line if your friend wants to spend xxx amount of pounds on a flight out here to be sent back on the next available flight ( btw, most airlines carry a standard 'any passenger denied entry by immigration or other authority all repatriation costs are to be born by the passenger' clause so she will have the extra cost of the flight back home to pay for as well) then just tell her to come right along! If that's the chance she wants to take then so be it - I'm sure after numerous hours in secondary, the loss of all that money and probably waving goodbye to any chance of visiting the USA in the foreseeable future - she will probably appreciate the advice you gave her :) |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by Michael
(Post 6744167)
However, if that was not the case, it is unlikely that all the information for every person entering and leaving the US would have been entered into a centralized database. Even if some POEs had the equipment but other POEs did not and the information was not manually entered for the POEs that did not have the equipment, than none of the information collected at that time could be relied on to be accurate.
Regarding the OP's question, this is one of those 'do you feel lucky' dilemnas. The fact is that USCIS and CBP have an imperfect record keeping system, so your friend may get lucky. On the other hand, bear in mind if she travels on the Visa Waiver scheme she must sign a form (ie make a statement ) that she has not violated a previous visa. In other words she must actually tell a lie on the form in order to be admitted. If this lie is found out it could result in a lifetime ban. Also, if she is detained at POE as a consequence of this they will most likely lock her up in a cell until she can get a flight home, which will also cost her a large amount of money. Does she really want to go through that experience ? |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Does anyone really believe that there is a 'friend'? ;)
|
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by English Muffin
(Post 6744440)
Does anyone really believe that there is a 'friend'? ;)
|
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by Ray
(Post 6744442)
Does anyone care ...
|
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Well thanks for this. I was forewarned of the disproportionately hostile nature of some who like to pretend to be judge and jury on BritishExpats before I posted here, but considering that this has been a helpful exercise. Thanks again. :)
PS If she does go across, I'll let you know what happened. I hope she proves some of you wrong! |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by uk_traveller
(Post 6744465)
Well thanks for this. I was forewarned of the disproportionately hostile nature of some who like to pretend to be judge and jury on BritishExpats before I posted here, but considering that this has been a helpful exercise. Thanks again. :)
PS If she does go across, I'll let you know what happened. I hope she proves some of you wrong! |
All times are GMT. The time now is 3:57 am. |
Powered by vBulletin: ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.