overstayed in u.s 10 yrs ago, stopped recently on visit

[ymo1965]

Hi There,

This is a rather complex issue but upon seeing this forum i am hoping
someone might give me some help/advice.

I married an american dec 1997 in joliet, illinois. I returned to finish up
things uk side and returned feb 14th, 1998. Was very unhappy by 4th
quarter of '98 and returned to uk the day after thanksgiving day.

Recently i travelled to u.s (newark airport) and was stopped at border
security. I was told i had overstayed 10 yrs previous but had not realised.

I was naive and didnt realise about visa's from the embassy. I honestly
thought the ones handed on the aircraft were all i needed (please,
no flaming, i know how serious this is now).

We attended chicago immigration and was going through
the motions of getting citizenship. I even applied for a green card
and was working. The company did relevent checks and i passed
with flying colours. My wife had a lawyer to deal with legal stuff.
Everything was done properly, apart from the stupid visa :/
And now come back to haunt me

The border officer asked if i had attempted to return to the u.s after
i initially left. I said no. He said 'i hope your right'. Checks were
obviously cleared on that one. Also he checked my flight print out.
Presumably to make sure i had intentions of returning.

Anyway, after 3 long hours, discussion and explanation (and threats of
possible deportation), the officers granted me a waiver (I-193) for
fee of $545. I paid the fee and was allowed to enter for my short
10 day stay with friends.

Incidentally, i was told by the officer that i needed a proper visa
from american embassy in the uk. I am in the process of applying
as i write this. I have to print off a .pdf file which is meant for
offences and arrests/convictions. Even though 99% of the form doesnt
apply to me, i still need to admit my overstay which i am happy to do.

I understand that overstaying 180 days+ but less than 1 yr is a 3 yr ban
and anything over 1 yr is a 10 yr ban.

By my understanding, the 3 yr ban (unknown to me at the time) was
served 7 yrs ago. I realise that this mistake in inexcusable and feel
mighty bad about it.

I have several questions... my apologies!

Does the issue of the waiver mean the offence has been downgraded
or similar? is it a one time fee/repeatable?

Does the 10yr time elapsed help the issue at all?

Would another visit in (say 5 months) cause this issue to surface again
despite (hopefully) having a visa? will my recent visit (jan 18th) and
subsequent leaving well within time allowed, help at all?

This worrys me no end. I realise a visa does not guarantee entry
but applying is all i can do. Has anyone else had a similar experience?


Thank you!

[Marco 72]

I don't think you have a serious problem. It sounds like your previous ban has expired and you are in the process of applying for a B visa. The only consequence of your overstay is the fact that you can't use the Visa Waiver Program to visit the US.

[ymo1965]

Many thanks for your reply. That does make me feel a little better at least.
I would however like to be able to get more info on this $545 fee (will i get it
again)

Also, does anyone reckon i could apply for citizenship again in later years if i
wanted? Ok, the marriage failed but i would hope that did not undermine my
chances if i reapplied.


Ty again

[ymo1965]

Oh, thought of another question..

I realise a visa does not guarantee entry but what things could lead to that?

[Marco 72]

Oh, thought of another question..

I realise a visa does not guarantee entry but what things could lead to that?

The only thing which guarantees entry into the US is a valid US passport . To answer your other questions: you won't have to pay the fee for the I-193 once you have a valid visa, and what happened shouldn't undermine any chances of becoming a US citizen in the future.

[ymo1965]

I guess i'm a little worried about paying for a ticket and maybe
my overstay problem being brought up yet again. The stress it
caused me didn't help.

It was quite shocking how they talked. I was dumbstruck. My delay
in responding made the officer say 'I think you know more than your
telling me'. Almost felt like i was on trial for murder or something.
I hadn't slept, and was hungry & thirsty too. After i explained as best
i could, he toned down a little.

[ymo1965]

The form i must fill out for the visa (B-2) asks me to enter my divorced wifes
name. I have entered this, but do not know her date of birth. Is this going to
cause problems for me?

[Administrator]

.

They let you in. You are obeying very nicely now .. this will make them happy.

You will always get your visa(s) approved and issued for now & in the future ... basically, they have documented you very thoroughly.

Make sure there is no deception in the future and that all explanations & documents match up. No discrepancies and immigration will feel very happy about you.

Congratulations .. you are "reformed."

When making your application / getting your visa at the U.S. embassy, take a few moments to chat with them about this experience and then ask them for advice on exactly what you should carry with you "just in case" you get stopped and questioned again.

If you ever are (which is likely), remain calm and just expect the extra attention. Have all documents & explanations in order. The process will go faster.

The 'random' checks on you will diminish & eventually stop .. and they should be a whole lot less stressful than this first one. Prepare for them and treat them as routine. Enjoy the times when they don't happen.

Also, technically, the ten years isn't up until December this year .. but it should be irrelevant now that you have been granted entry and properly exited and are paying attention to the proper process(es) now.

the Admin

[sakura]

Is it just me or is anyone else surprised that the IOs would notice that someone was an overstayer ten years ago? Is that good border control (at the airports, anyway) or what?

But then they do have like 10-20 million undocumented in the USA...I'm half and half on this....

[Marco 72]

It was quite shocking how they talked. I was dumbstruck. My delay in responding made the officer say 'I think you know more than your telling me'. Almost felt like i was on trial for murder or something. I hadn't slept, and was hungry & thirsty too. After i explained as best i could, he toned down a little.

Still, you must have made a very good impression on them if they let you in with a waiver. The standard procedure would have been for you to be detained and sent back, since you were ineligible for the VWP. I-193 is normally used for permanent residents who have forgotten their green cards.

When making your application / getting your visa at the U.S. embassy, take a few moments to chat with them about this experience and then ask them for advice on exactly what you should carry with you "just in case" you get stopped and questioned again.

They stopped him because he was ineligible for the VWP and didn't have a visa. It wasn't a random check. If he gets a visa he should be ok. The only advice for him is to always bring proof of ties to the UK with him (never show unless asked).

Also, it's a good idea to ask for your passport to be stamped when you arrive back in the UK. That way if there are problems with their records you can always show them that you did not overstay.

Also, technically, the ten years isn't up until December this year .. but it should be irrelevant now that you have been granted entry and properly exited and are paying attention to the proper process(es) now.

He was subject to a three year ban (overstayed less than a year). If it had been a ten year ban there's no way they would have let him in before the time was up.

[ymo1965]

Thank you so much for all your valuable info and help. After reading
marco72's comments, i now realise how close i was to being sent
back to the uk.

Despite the stress and confusion i felt, i was very polite to them. I did
not get mouthy with them or 'have an attitude' with them. I'm not
that sort of person.

All questions were answered with a 'yes sir' or 'no sir'

Tonight (6th Feb) i now have a date for appointment at the embassy
(7th March '08 / 1:30pm). I just have to make sure i do not forget
anything or it's a wasted journey!


Cannot thank you enough for all the help you've given. The only thing
i would like to add is my previous question, will the lack of information
on my ex-wifes date of birth cause problems with the embassy?


Many Thanks

[ymo1965]

I forgot to add that the lady at the check-in desk at newark airport
did remove the slip from my passport. As long as this was entered
into there system, they should have clear info that i left the u.s
well before time.

I also still have the check-in details when i reached newark for departure.
This clearly shows the flight number, date and the time i checked in.

[ymo1965]

UPDATE - Got granted 10 yr VISA - Fri 7-3-08

Thanks to all who replied and helped me.

Very grateful!

Good luck to all who are applying now


Regards,

ymo1965