overstaying visa waiver
 

My boyfriend is from Italy and left the U.S in June after overstaying 150 days on the visa waiver. When he left New York he claimed he lost the other part of the waiver form and is planning on getting a new passport to reenter the U.S. claiming he lost his old one. He plans on coming back in a couple of months. What are the chances of him being allowed back in? Is the three year bar only for people who have overstayed more than 180 days. If he didn't submit the other part of the visa waiver form when leaving the country does the INS have a record of his departure? Is it true that with a new passport there is a different passport number which doesn't match up to the old one?

Re: overstaying visa waiver
 

enitsi wrote:
    > My boyfriend is from Italy and left the U.S in June after overstaying
    > 150 days on the visa waiver. When he left New York he claimed he lost
    > the other part of the waiver form and is planning on getting a new
    > passport to reenter the U.S. claiming he lost his old one. He plans on
    > coming back in a couple of months. What are the chances of him being
    > allowed back in? Is the three year bar only for people who have
    > overstayed more than 180 days. If he didn't submit the other part of
    > the visa waiver form when leaving the country does the INS have a record
    > of his departure? Is it true that with a new passport there is a
    > different passport number which doesn't match up to the old one?

I once overheard INS questioning a person who had overstayed the WV by 2
days. By having done so he is no longer exigible to use the waiver as I
understand it.

Re: overstaying visa waiver
 

How does the INS know how many days a person has overstayed? Is it only if they've received the I-94 form upon departure?

Re: overstaying visa waiver
 

He's playing with fire. Why not do it the right way?

Re: overstaying visa waiver
 

enitsi wrote:
    > Originally posted by L D Jones:
    > > enitsi wrote:
    > > > My boyfriend is from Italy and left the U.S in June after
    > > > overstaying
    > > > 150 days on the visa waiver. When he left New York he claimed he
    > > > lost
    > > > the other part of the waiver form and is planning on getting a new
    > > > passport to reenter the U.S. claiming he lost his old one. He plans
    > > > on
    > > > coming back in a couple of months. What are the chances of him
    > > > being
    > > > allowed back in? Is the three year bar only for people who have
    > > > overstayed more than 180 days. If he didn't submit the other part
    > > > of
    > > > the visa waiver form when leaving the country does the INS have a
    > > > record
    > > > of his departure? Is it true that with a new passport there is a
    > > > different passport number which doesn't match up to the old one?
    > >
    > > I once overheard INS questioning a person who had overstayed the WV by
    > > 2
    > > days. By having done so he is no longer exigible to use the waiver as
    > > I
    > > understand it.
    > >
    > How does the INS know how many days a person has overstayed? Is it only
    > if they've received the I-94 form upon departure?

With a 150 day overstay do you think it's worth the attempt? If they
didn't receive the I-94 and the date by which he should have left is
passed doesn't that make things worse? Are passener manifests
communicated to INS eventually? I don't know.

Re: overstaying visa waiver
 

oops...

that would mean i'm on a 150 day overstay on the visa waiver because i tried
to give the other portion back, and no one would take it.

*sigh*

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"L D Jones" wrote in message
news:[email protected]...
    : enitsi wrote:
    : >
    : > Originally posted by L D Jones:
    : > > enitsi wrote:
    : > > > My boyfriend is from Italy and left the U.S in June after
    : > > > overstaying
    : > > > 150 days on the visa waiver. When he left New York he claimed he
    : > > > lost
    : > > > the other part of the waiver form and is planning on getting a new
    : > > > passport to reenter the U.S. claiming he lost his old one. He plans
    : > > > on
    : > > > coming back in a couple of months. What are the chances of him
    : > > > being
    : > > > allowed back in? Is the three year bar only for people who have
    : > > > overstayed more than 180 days. If he didn't submit the other part
    : > > > of
    : > > > the visa waiver form when leaving the country does the INS have a
    : > > > record
    : > > > of his departure? Is it true that with a new passport there is a
    : > > > different passport number which doesn't match up to the old one?
    : > >
    : > > I once overheard INS questioning a person who had overstayed the WV by
    : > > 2
    : > > days. By having done so he is no longer exigible to use the waiver as
    : > > I
    : > > understand it.
    : > >
    : >
    : > How does the INS know how many days a person has overstayed? Is it only
    : > if they've received the I-94 form upon departure?
    :
    : With a 150 day overstay do you think it's worth the attempt? If they
    : didn't receive the I-94 and the date by which he should have left is
    : passed doesn't that make things worse? Are passener manifests
    : communicated to INS eventually? I don't know.

Re: overstaying visa waiver
 

Lisa Simmonds wrote:
    > oops...
    > that would mean i'm on a 150 day overstay on the visa waiver because i tried
    > to give the other portion back, and no one would take it.

If you left on time, and the airline personnel left the I-94W in your passport,
you can just go to a US consulate, and hand it in. You probably should also
show your boarding pass to prove that you in fact left on time.
The airlines also have to give INS the passenger manifests.

But of course, if somebody in fact overstayed the visa waiver, that person
is no longer eligible to enter the US on the visa waiver.

-Joe

Re: overstaying visa waiver
 

What is the right way at this point ? Should he try to get a tourist visa from the U.S. embassy... or would that put him in more trouble?

Re: overstaying visa waiver
 

ok...

so since i'm in the process of getting my K-1 (the I-129F is still in the
motion) should i do it now, or later? my inclination is to do it now..

hmmm

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"Joachim Feise" wrote in message
news:[email protected]
u...
    : Lisa Simmonds wrote:
    : > oops...
    : >
    : > that would mean i'm on a 150 day overstay on the visa waiver because i
tried
    : > to give the other portion back, and no one would take it.
    :
    : If you left on time, and the airline personnel left the I-94W in your
passport,
    : you can just go to a US consulate, and hand it in. You probably should
also
    : show your boarding pass to prove that you in fact left on time.
    : The airlines also have to give INS the passenger manifests.
    :
    : But of course, if somebody in fact overstayed the visa waiver, that person
    : is no longer eligible to enter the US on the visa waiver.
    :
    : -Joe
    :

Re: overstaying visa waiver
 

Lisa Simmonds wrote:
    > ok...
    > so since i'm in the process of getting my K-1 (the I-129F is still in the
    > motion) should i do it now, or later? my inclination is to do it now..

I would do it rather sooner than later.
There isn't really any timeframe, but it is better to have this out of the way,
and one thing less to be concerned about.

Re: overstaying visa waiver
 

right...

sent via registered post, so i'll know when they recieve it. I rang the
consulate, and they said send it in, with a cover letter and copies of my
boarding passes to show that i did arrive back in australia.

thanks for letting me know :)

-- Lisa



    : I would do it rather sooner than later.
    : There isn't really any timeframe, but it is better to have this out of the
way,
    : and one thing less to be concerned about.
    :