bills

I am currently facing a 3-10 year ban due to overstaying my VW I am in desperate need to go back to the UK but want to return to the US. I just wondered if the ban may be avoided by catching a flight from Mexico instead in the hope that the overstay will not be reported by the Mexican authorities.
I am aware that I have been wrong in overstaying but having met someone while on holiday i made some rash decisions & have put myself in a predicament.
So I not in need of the hand slaps & told how bad I have been just is it a viable option to go from mexico. Thanks in advance

E3only

Good start to my weekend -
Not disrespecting OP...

christmasoompa

No. Afraid going to Mexico won't help you in any way other than you being able to forget your troubles over a lot of good margueritas!

Exactly how long have you overstayed by?

md95065

Your problem is not that the Mexican authorities will report you for overstaying - they won't (why would they?)

Your problem is that you should have left the US within 90 days and turned in your green I-94W form when you left. The fact that you have not done so means that the US has no record of your departure and will therefore assume (correctly) that you must have overstayed.

bills

christmasoompa,

Thanks its been well over 9 months so I am defo up the river without a paddle as I thought!

E3only

To be able to get into Mexico, he needs to pass the US immigration/customs right? Which will record his departure?

Or is the OP suggesting he will get into Mexico illegaly? :S

Folinskyinla

Hi:

Neither Mexico nor the UK are part of the United States last time I looked. Crossing into Mexico is a departure from the United States and invokes the bar. Even yourself notes that you want to "return" to the United States.

To repeat, traveling via Mexico is a departure from the US.

Ka Ora!

Even strolling across the bridge at El Paso means you have to exit through immigration. Best way to avoid the predicament of getting a ban on exiting, Is I hate to say it Don't Exit.

I wouldn't condone this course of action, As it will probably produce more heart ache in the future.

ian-mstm

Yup... sounds like a 3-year ban to me. When you're over 12 months, it's a 10-year ban. The ban triggers the moment you leave the US... so it doesn't matter where you catch a flight... once you're out of US territory, the deed's done!


Leaving is easy... but it'll be 3 years before you can return to the US. As the Emperor said to Luke Skywalker, "Your feeble skills are no match for the power of the Dark Side. You have paid the price for your lack of vision."

Ian

Folinskyinla

Hi:

There is case law that walking across the bridge and then being refused admission by Mexico was not considered a departure and "entry" into the United States. [It was to advantage of the person in question that they would have been considered to have departed and returned under the particular set of facts].

I put "entry" into quotes because the definition of "entry" was removed from the Immigration & Nationality Act in 1996 to be replaced by the current term of "admission." There are still a lot of gray areas in that part of the law.

scrubbedexpat099

As far as Mexico is concerned you can always enter the US the normal way.

And leaving the US you do not go through immigration. Not that it matters.

What you really need as far as transportation is concerned is a Tardis.

Cape Blue

Out of interest, when I went to Canada recently via the Port Angeles (WA) ferry to VI, there didn't seem to be a great deal of US immigration - the lady who took my ferry payment (from the car window) seemed to check our passports but did not remove the I-94. That was it - we were on the ferry and in Canada next.

scrubbedexpat099

A contigous territory

Folinskyinla

Hi:

Precisely, you had documents in order, they were examined and you came back.

Ka Ora!

I thought any country you exit from on Foot has to take you back if the other country denies you admission People can not habit No Mans Land. With the exception of like China Russia and the Middle East