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Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by hobbes79
(Post 6744688)
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. All of it. |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by Michael
(Post 6744167)
Now if it was the Swiss government, I'd agree. I suspect it will depend on whether in 2003, the US had machine readable equipment for passports and VWPs for all POEs, the central server processing was up and running, and the UK passport as well as the VWPs were machine readable at that time. If that was the case, then she will probably be caught.
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 uk_traveller
(Post 6744626)
:D
Heh, well that brought a smile to my face, thanks! :D 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?! If she doesn't like our immigration laws, she doesn't have to travel here. I would not suggest you, or your friend, ever lie to US immigration. It's bad enough she has a 10 year ban. She doesn't want a lifetime ban for immigration fraud, which is exactly what's she's planning to do. If she signs the green I-94, she's claiming that she has never overstayed a prior visa. If she checks 'no' to that, then she's lying, which USCIS considers fraud. Expect her to have a very quick trip. If she wants a break, Europe is a hell of a lot closer, and has guaranteed entry. As another poster said, if you can't respect and follow the laws of the country you want to visit, don't travel there. Otherwise, if you break the law, you have to live with the consequences, no matter their age/maturity. USCIS has no compassion for anyone trying to re-enter the borders, if they have broken the conditions of the VWP. Even if she had a dying father here, I wouldn't expect her to be able to enter because she has a ban! So, the question of the day is: Does she feel lucky? |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Having spoken to her on the phone when I got home from work, the answer is: no, she doesn't feel lucky. The plan of action is to apply for a visa from the embassy, on the basis that she overstayed a VWP, although all things considered, she's considering saying she overstayed by less than a year, hoping to avoid the ten year ban. She'll support this with documents.
I haven't meant to cause offence here and I hope none is taken, despite some obviously pretty impassioned opinions. Anyway, she'll try for a visa, and hope they'll hit her with a three year ban, since three years have already passed. |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
She doesn't feel lucky but is still considering lying to USCIS? If she overstayed more than a year, she overstayed more than a year, lying about it and providing false documentation is not a good idea!
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Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by uk_traveller
(Post 6745150)
The plan of action is to apply for a visa from the embassy, on the basis that she overstayed a VWP, although all things considered, she's considering saying she overstayed by less than a year, hoping to avoid the ten year ban. She'll support this with documents.
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Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by uk_traveller
(Post 6745150)
Having spoken to her on the phone when I got home from work, the answer is: no, she doesn't feel lucky. The plan of action is to apply for a visa from the embassy, on the basis that she overstayed a VWP, although all things considered, she's considering saying she overstayed by less than a year, hoping to avoid the ten year ban. She'll support this with documents.
I haven't meant to cause offence here and I hope none is taken, despite some obviously pretty impassioned opinions. Anyway, she'll try for a visa, and hope they'll hit her with a three year ban, since three years have already passed. How is she going to (fraudulently) document that she has been outside the US as long as she is going to (lie) say she was? I'm just keeping track of good ideas to share with others. |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
A male friend went to live in California, stayed a year, worked illegally and not sure under what circumstances, he left and went back to Mexico. This was pre 9/11.
Two years ago he got Cayman Islands residency. Thought he'd try his "luck" with his "shiny new EU passport" flew out to Miami on the first flight from Cayman and was back at his normal seat at the bar by 6pm that evening. Not a pleasant experience :( |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Incidentally, I've just been texted to say the ESTA has come back 'authorization approved'. While I'm aware this only relates to travel to USA and not admission, the website does say it checks against records...
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Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Just out of interest, uk_travller, have you ever been through US Immigration's Secondary Inspection when they've been out for blood?
I have, and it was one of the most unpleasant experiences of my life. For complicated reasons, all of them completely legal and legitimate (and none of which I knew at the time), my passport was flagged with some kind of notice on the USCIS system that caused major concern at one particular POE. After handing over my passport at the immigration desk, the officer typed the number into the the computer and immediately put my passport into a red envelope and walked away with it. Then he came back and told me to follow him to a waiting area. After an hour in the waiting area I was collected by an immigration officer who took me to an "interview room". It consisted of a concrete room with a one-way mirror, a video camera, a steel desk, one chair and a computer terminal. Over the course of the next four hours I was shouted at, screamed at, physically manhandled, sworn at, abused and called every kind of liar. I was never allowed to sit down, get a drink, eat anything or contact the person I was traveling with. I had my personal belongings dumped on the floor and "sorted through" by the officer's boot. I was asked impossible questions about my family. I was asked extremely personal and inappropriate questions about my family. I was asked completely random, weird, nonsensical questions about my family. I was dragged from the room and told I was being put on a bus to the local prison, only to be dragged back in for more questions... and any time that I said anything they didn't like, it was screamed at me that "we can send you back to your own f***ing country any time we like" or "how do you like the idea of spending time in prison, son?". After four hours the officer just stopped asking questions and walked out of the room. I stood there for twenty minutes, and another officer came in and told me to "clean up your sh*t and get the f**ck out of here". End of story. I never found out what they thought I had done wrong. I never got an explanation, let alone an apology. I was just released into the US, and have never had a problem since (this was a decade ago). And remember, I had done absolutely nothing wrong. Your reckless "friendly advice" only serves to make it more and more likely that your "friend" experiences this, or worse. Personally, I don't think that makes you much of a friend. |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by dbj1000
(Post 6746663)
Just out of interest, uk_travller, have you ever been through US Immigration's Secondary Inspection when they've been out for blood?
I have, and it was one of the most unpleasant experiences of my life. For complicated reasons, all of them completely legal and legitimate (and none of which I knew at the time), my passport was flagged with some kind of notice on the USCIS system that caused major concern at one particular POE. After handing over my passport at the immigration desk, the officer typed the number into the the computer and immediately put my passport into a red envelope and walked away with it. Then he came back and told me to follow him to a waiting area. After an hour in the waiting area I was collected by an immigration officer who took me to an "interview room". It consisted of a concrete room with a one-way mirror, a video camera, a steel desk, one chair and a computer terminal. Over the course of the next four hours I was shouted at, screamed at, physically manhandled, sworn at, abused and called every kind of liar. I was never allowed to sit down, get a drink, eat anything or contact the person I was traveling with. I had my personal belongings dumped on the floor and "sorted through" by the officer's boot. I was asked impossible questions about my family. I was asked extremely personal and inappropriate questions about my family. I was asked completely random, weird, nonsensical questions about my family. I was dragged from the room and told I was being put on a bus to the local prison, only to be dragged back in for more questions... and any time that I said anything they didn't like, it was screamed at me that "we can send you back to your own f***ing country any time we like" or "how do you like the idea of spending time in prison, son?". After four hours the officer just stopped asking questions and walked out of the room. I stood there for twenty minutes, and another officer came in and told me to "clean up your sh*t and get the f**ck out of here". End of story. I never found out what they thought I had done wrong. I never got an explanation, let alone an apology. I was just released into the US, and have never had a problem since (this was a decade ago). And remember, I had done absolutely nothing wrong. Your reckless "friendly advice" only serves to make it more and more likely that your "friend" experiences this, or worse. Personally, I don't think that makes you much of a friend. Strange experience mate. I can not believe this, not even an apology ? Why did this happen. I hear americans are very polite (?)- that was out right unprofessional what happened..... F**k'in 'ell.... |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by E3only
(Post 6746905)
I hear americans are very polite (?)
Ian |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by E3only
(Post 6746905)
Strange experience mate.
I can not believe this, not even an apology ? Why did this happen. I hear americans are very polite (?)- that was out right unprofessional what happened..... F**k'in 'ell.... No apology because you have no real rights when you're in limbo between the arrival gate and the US side of the immigration hall. If you really think it's unprofessional then you're naive. |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by dbj1000
(Post 6748015)
It's not a "strange experience". In fact it is completely normal when the immigration officers suspect wrongdoing. There's even a script the follow, and clear guidelines on how to most effectively get the suspect to admit whatever it is that they're suspected of.
No apology because you have no real rights when you're in limbo between the arrival gate and the US side of the immigration hall. If you really think it's unprofessional then you're naive. Definitely think an apology was in order if you hadn't been the wrongdoer though - that's just simple courtesy. And I've heard of plenty cops who stop people because the look the same, same kind of car etc. then saying they're sorry for the trouble as it was the wrong person. |
Re: Re-Entry Despite Visa Waiver Overstay Years Ago?
Originally Posted by Tracym
(Post 6748022)
If they are to treat a suspect as a suspect - I suppose that's their job. Dunno about that manhandling though...
Definitely think an apology was in order if you hadn't been the wrongdoer though - that's just simple courtesy. And I've heard of plenty cops who stop people because the look the same, same kind of car etc. then saying they're sorry for the trouble as it was the wrong person. |
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