Re-Entry Despite Visa Waiver Overstay Years Ago?
#31
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
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.
PS If she does go across, I'll let you know what happened. I hope she proves some of you wrong!
I'll certainly report back on what happened, just for the record.
PS If she does go across, I'll let you know what happened. I hope she proves some of you wrong!
PS. I really hope she doesn't prove us wrong because it's a slap in the face to everyone who do things legally when people think they are above the law and can do whatever they want. Which she is doing regardless of what you think.
#32
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Will you take all the flak and expense if it goes tits up? By the way, have you really read what the visa waiver you sign actually says? Here are a couple of pertinent bits of it.
PS. I really hope she doesn't prove us wrong because it's a slap in the face to everyone who do things legally when people think they are above the law and can do whatever they want. Which she is doing regardless of what you think.
PS. I really hope she doesn't prove us wrong because it's a slap in the face to everyone who do things legally when people think they are above the law and can do whatever they want. Which she is doing regardless of what you think.
People who seem to think it's fine to ignore the laws of another country, and stay there illegally just because they want to, and then get away with it again... not me.
I just wish you could be tossed in jail alongside her to share the experience.
I have lots of sympathy for people who've made mistakes, learned from them, and work within the system. Our system, or another country's. But those who think breaking the law is fine, repeatedly...
#33
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!
PS If she does go across, I'll let you know what happened. I hope she proves some of you wrong!
#34
Just Joined
Thread Starter
Joined: Sep 2008
Posts: 9
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
She was young, she made a mistake, she's deliberately not gone back, even missing her brother's (I think) wedding and now she wants a ten day break, and you want her and her friends thrown in jail?!
Only in America
MsElui, thanks for your more rational response. I appreciate the responses, and while I'm bemused by the aggression from some, it's all helpful so thanks.
#35
Forum Regular
Joined: Jun 2008
Posts: 34
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Will you take all the flak and expense if it goes tits up? By the way, have you really read what the visa waiver you sign actually says? Here are a couple of pertinent bits of it.
PS. I really hope she doesn't prove us wrong because it's a slap in the face to everyone who do things legally when people think they are above the law and can do whatever they want. Which she is doing regardless of what you think.
PS. I really hope she doesn't prove us wrong because it's a slap in the face to everyone who do things legally when people think they are above the law and can do whatever they want. Which she is doing regardless of what you think.
#36
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
The ban already exists. An overstay of more than a year is a 10 year bar. It's just a matter of if they recognize that the ban is in place or not when she gets to the border.
#37
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Heh, well that brought a smile to my face, thanks!
She was young, she made a mistake, she's deliberately not gone back, even missing her brother's (I think) wedding and now she wants a ten day break, and you want her and her friends thrown in jail?!
Only in America
MsElui, thanks for your more rational response. I appreciate the responses, and while I'm bemused by the aggression from some, it's all helpful so thanks.
Perhaps you don't realise - she probably WILL be thrown in jail. That's where she will likely be detained, before she is deported. Did you think they'll just let her stroll around the airport and go shopping until she flies home? Most likely the next flight will be the next morning.
She made a mistake - fine. She has to pay the price of it. She wants a ten day break... well I want a million dollars. She can take a break anywhere she likes - except the country she's banned from for breaking the law.
If she can find a way to come back legally - then I welcome her. Not until then.
#38
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
uk_traveller, I don't mind what you recommend to people. But I do wonder why you bothered asking if, regardless of what you were told, you're still going to recommend to try anyway.
If I decide to drive at 40mph in a 30 limit on the way home today, that's my choice. I don't go on forums asking "do ya fink it'll be alright?".
If your friend wants to risk deportation, that's her choice. But don't expect people on here to say that's great, no more than I should expect people to tell me driving 10mph over the speed limit is a fantastic idea.
If I decide to drive at 40mph in a 30 limit on the way home today, that's my choice. I don't go on forums asking "do ya fink it'll be alright?".
If your friend wants to risk deportation, that's her choice. But don't expect people on here to say that's great, no more than I should expect people to tell me driving 10mph over the speed limit is a fantastic idea.
#39
I love Marmite, she don't
Joined: Jan 2005
Posts: 454
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Without telling us when she's traveling or through which POE (I'm sure you wouldn't), when will you be able to let us know, give or take a week? So we can keep an eye out for your post.
All the best...
All the best...
#40
Forum Regular
Joined: Jun 2007
Posts: 187
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
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.
I'll certainly report back on what happened, just for the record.
FWIW I am fairly certain that the fact that she has a new passport will not, in and of itself, be a way to hide her previous overstay. If it was that easy everyone who had a ban could just 'lose' their passport and side step the ban. I'll grant you that the US Dept of Homeland Security is a creaky and inefficient bureaucracy in many ways, but they are not quite that dumb. I strongly suspect that they match people uniquely in their system by using name, date of birth and place of birth together, rather than the passport number. The fact that all three id's appear in one's passport makes it much harder to get around the system by changing one of them. Have you ever wondered why you have to enter your place of birth on every visa application, regardless of the country ?
If your friend does go ahead she might want to arrange to arrive on an early flight to minimize the very real possibility she will be put in a holding cell for at least one night to await the flight home. Also she should expect, if caught, to be subjected to some fairly serious questioning by CBP. One year overstay + immigration fraud is not a very nice combination as far as they are concerned.
Last edited by newXgate; Sep 3rd 2008 at 4:40 pm.
#41
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
You're saying her attempting to gain entry has a 'good chance' of NOT working, but you are 'confident' that the cancelled passport business will save her ? I'm confused here.
FWIW I am fairly certain that the fact that she has a new passport will not, in and of itself, be a way to hide her previous overstay. If it was that easy everyone who had a ban could just 'lose' their passport and side step the ban. I'll grant you that the US Dept of Homeland Security is a creaky and inefficient bureaucracy in many ways, but they are not quite that dumb. I strongly suspect that they match people uniquely in their system by using name, date of birth and place of birth together, rather than the passport number. The fact that all three id's appear in one's passport makes it much harder to get around the system by changing one of them. Have you ever wondered why you have to enter your place of birth on every visa application, regardless of the country ?
If your friend does go ahead she might want to arrange to arrive on an early flight to minimize the very real possibility she will be put in a holding cell for at least one night to await the flight home. Also she should expect, if caught, to be subjected to some fairly serious questioning by CBP. One year overstay + immigration fraud is not a very nice combination as far as they are concerned.
FWIW I am fairly certain that the fact that she has a new passport will not, in and of itself, be a way to hide her previous overstay. If it was that easy everyone who had a ban could just 'lose' their passport and side step the ban. I'll grant you that the US Dept of Homeland Security is a creaky and inefficient bureaucracy in many ways, but they are not quite that dumb. I strongly suspect that they match people uniquely in their system by using name, date of birth and place of birth together, rather than the passport number. The fact that all three id's appear in one's passport makes it much harder to get around the system by changing one of them. Have you ever wondered why you have to enter your place of birth on every visa application, regardless of the country ?
If your friend does go ahead she might want to arrange to arrive on an early flight to minimize the very real possibility she will be put in a holding cell for at least one night to await the flight home. Also she should expect, if caught, to be subjected to some fairly serious questioning by CBP. One year overstay + immigration fraud is not a very nice combination as far as they are concerned.
#42
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
It possibly could, but impossible to prove. I wonder if the OP has also warned about the potential airline and long term immigration issues that could arise should they be sent back
#43
Forum Regular
Joined: Jun 2007
Posts: 187
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
With that said, an attempt to enter and break the 10 year ban after a 1 year overstay is likely to be taken quite seriously by the CBP. I would expect some pretty aggressive questioning to take place before she leaves, not to mention possibility of being held in a cell if a flight can't be found the same day.
#45
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
We are trying to keep her out of prison... you are suggesting she thumb her nose at US law. Who's got the moral high ground here? You need a bit of an attitude adjustment!
Ian