Secondary query re my dad... Accused of overstay
 

My father arrived here on thursday. He was sent to secondary, having been told he had overstayed his visa some 20 years ago in a place he has no recollection of visiting. He did visit the US in the year in question, but only for 2 weeks, with the appropriate visa or visa waiver (whatever was the rules back then). He did not overstay. He may have changed planes in the city in question but can't recall. He was eventually let in but had no explanation of what had happened or reassurance that it wouldn't happen again. He was too tired and jet lagged to ask the right questions at the time. Understandably he is rather worried that this wil come back to haunt him. Any idea where we can call to ask someone and get some much neede reassurance?

Re: Secondary query re my dad... Accused of overstay
 

I'm not sure what it is you want to know or find out. The only person who would know these details would be your dad.

Rene

Re: Secondary query re my dad... Accused of overstay
 

Most likely, he did not turn in his I-94 when he left the US and so the US has no record of him having left. The assumption, therefore, is that he overstayed.


Alas, the onus is always on the traveler to demonstrate compliance. He will likely repeat this scenario each time he visits the US.


Hopefully others will have a suggestion... because I have none.

Ian

Re: Secondary query re my dad... Accused of overstay
 

Given that they allowed him in, and assuming that the situation and his responses were documented in his CBP records, then it may never happen again. After 20 years I assume that very little if any evidence that he was living and working in the UK during the alleged overstay now exists.

Based on my own experience the change of planes may be significant. I boarded a domestic flight to Newark and my I-94 was not removed at check-in. I did not have to re-check-in at Newark, so my I-94 was left in my passport.

Re: Secondary query re my dad... Accused of overstay
 

DHS TRIP?

Re: Secondary query re my dad... Accused of overstay
 

That's the nastiest case of boileritis I've seen so far this week. :lol:

Re: Secondary query re my dad... Accused of overstay
 

Is there a cream for that?

Department of Homeland Security Traveler Redress Inquiry Program, about the only chance you have of sending in a letter saying what you think happened 20 years ago. But don't expect a response beyond, ok we looked at it.

Re: Secondary query re my dad... Accused of overstay
 

If he knows the year and can acquire documentation that he was working in the UK during that year, that may help to show that it was a likely a failure to turn in the I-94 if he is sent to secondary again.

Re: Secondary query re my dad... Accused of overstay
 

It sounds like he was fortunate to get in. Trevor McDonald did one of his tonight shows about brits having problems U.S immigration after 9/11. It always stuck in my mind. Done before 06 before my daughter went over there. One guy McDonald tracked down lost his passport in the late 90s returned around 2003/04 and accused of overstaying by several years due to the lost passport which would have been reported to the British Embassy and an emergency one issued and there was no record of him leaving after that trip. He was deported and banned for 10 years from returning.

Re: Secondary query re my dad... Accused of overstay
 

It is generally considered to be untreatable. :unsure:

Re: Secondary query re my dad... Accused of overstay
 

There were major changes in the Immigration & Nationality Act enacted on September 30, 1996. Most of the provisions did not take effect until April 1, 1997.

Also, it was not until after "9-11" that the minions of the Dark Forces finally got their tracking databases somewhat together.

The conclusions will be left as an exercise for the student.

Re: Secondary query re my dad... Accused of overstay
 

My wife worked in the early 00s signing J visa applications for a couple of the big student summer camp etc placement companies. That involved occasional visits the the US Embassy, and at one she was told that something like 95% of the I-94/I-94W departure records had been stashed away in a US government warehouse[1] somewhere, and only 5% or so were actually checked as a control. Of course these days it's all done electronically.

[1] I did ask her to ask next time if it was the same warehouse where the Ark of the Covenant is kept, but she wouldn't.

Re: Secondary query re my dad... Accused of overstay
 

They're with the Roswell alien bodies and the gun that killed JFK. :nod:

Re: Secondary query re my dad... Accused of overstay
 

Back in the 1990's, the local district office discovered a file cabinet full of unadjudicated I-539 extension applications, most several years old. Figuring that if the applicant had really cared they would have done some followup and that none of them could be approved due to staleness, it was decided to shred them.

Re: Secondary query re my dad... Accused of overstay
 

Why do you call them "the minions of the Dark Forces"? I notice you use that phrase quite a lot. :sneaky: Are you like an anti government guy or something?