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?

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

Its a joke to be read with a smile. When in court I will sometimes greet my learned opposition with "so, how are things with the Dark Forces today?" and smile, and they smile also. There is such a thing as a friendly insult.

Now, I will agree that I don't like it when I hear colleagues refer to "la puta migra."

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

I smile when i read it.

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

Sorry for not coming back to this! He can't remember if he had a visa or if there was some kind of visa waiver program that he applied for when he came and I have no idea what the process was 22 years ago. All he knows is that he did whatever was necessary at the time (he's a stickler for that kind of thing) and was only here 2 weeks so no overstay. I can attest to it only being 2 weeks as I remember it! I figured it would be something like not having been marked as left. May try asking at the redress thing as he'd like to know. Thank you all

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

Except for the period of October 23, 1997 to November 26, 1997, the visa waiver program [or equivalent] has been continuously in existence since 1987. ESTA came to be required in 2010 if memory serves me correct.

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

Okay enquiring minds want to know what happened in October November 1997 , ;)

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

I believe that was the period between the end of the Visa Waiver Pilot Program and the start of the permanent Visa Waiver Program. I'm not sure whether they actually stopped admitting travelers without a visa in that interval.

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

Some Congessional bickering caused a temporary "sunset" of the pilot program. It was assumed it would be reinstated, so former INS waived the visa requirements - it was actually a non VW admission. I was involved recently in a case where we flipped that one at ICE when they tried to do a summary VW removal.

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

If my (hazy) memory serves me right, here was a period in the late 90s where all VWP travellers were "paroled" as opposed to admitted? I still have an old passport with such a paroled stamp.

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

Interesting stuff. Thanks for indulging my curiosity

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

"Congressional bickering", imagine that. :rolleyes: ..... and over a matter of immigration! :rolleyes:

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

I know huh?
Whoda thunk it?/;)