# Overstayed on US visa - will this affect future trips?



## Deelite (2 Apr 2007)

*Re: Immigration*

Hi

I'm only new to this so I hope I'm in right location.  20 years ago I travelled to the US on a holiday visa - which I overstayed by about a year -  I wan't deported or anything I just got homesick.

Now I intend to travel over on holiday to the States, but I am nervous that I will be stopped from entering because I overstayed visa.  

I don't really want to contact the US Visa Department here  as I don't wish to draw attention to the fact I overstayed.  I hope I am explaining this right.  If anybody can help - I would be very grateful...

Thanks


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## ClubMan (2 Apr 2007)

You may be OK but the only way to know for sure is to check in advance to avoid any nasty surprises.

As it happens my mother's passport still has the green I-94W form in her passport following a visit to the _US _via the land border with _Canada_. I presumed that this form was supposed to be collected on exit. Does the fact that she still has it suggest that she may be marked down as having never exited the _US_!?


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## ClubMan (2 Apr 2007)

Doh - [broken link removed] that needs to be rectified...


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## polaris (2 Apr 2007)

If you do decide to risk it, make sure you fly out from either Dublin or Shannon. You can preclear US Immigration before you board the plane and if a problem arises at least you can turn around and go home.

If you are refused entry at a US airport you will be handcuffed and taken downtown before being deported the next day.


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## Cantona7 (2 Apr 2007)

Clubman...same thing happened to me last week leaving los angeles.arrived home to see the little green form still in my passport.! such bother it causes!


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## monkeyboy (2 Apr 2007)

ClubMan said:


> You may be OK but the only way to know for sure is to check in advance to avoid any nasty surprises.
> 
> As it happens my mother's passport still has the green I-94W form in her passport following a visit to the _US _via the land border with _Canada_. I presumed that this form was supposed to be collected on exit. Does the fact that she still has it suggest that she may be marked down as having never exited the _US_!?




Yes it is a problem! A big one ! 

If you check in advance satating  you overstayed, you will be refused I would say, if you take the chance you may slip it as maybe as it was so long ago its not going to register??? 

A friend got a new passport using his name in Gaelic, worked for him ( pre 911 ) right now its major strict and too get caught is as polaris says wrth a night in the slammer at least.


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## bond-007 (3 Apr 2007)

*Re: Immigration*



Deelite said:


> Hi
> 
> I'm only new to this so I hope I'm in right location.  20 years ago I travelled to the US on a holiday visa - which I overstayed by about a year -  I wan't deported or anything I just got homesick.
> 
> ...


20 years ago machine readable passports did not exist. I doubt there will be any problems for you now with a nice modern passport. Even so, the penalty for overstaying more than 180 days is exclusion for 10 years which is long up. I reckon your in the clear.



			
				Clubman said:
			
		

> As it happens my mother's passport still has the green I-94W form in her passport following a visit to the _US _via the land border with _Canada_. I presumed that this form was supposed to be collected on exit. Does the fact that she still has it suggest that she may be marked down as having never exited the _US_!?


 
You have to be quite forceful with the Canadian border people to get them to take your green I94 and return it to the US CBP office. Normally if you are returning to the USA within a week they will not remove the I94 so that your re-entry to the USA is easier. But if you are not returning to the USA they are required to remove it and forward it to the CBP office. You sometimes must remind them to do so.


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## ClubMan (3 Apr 2007)

*Re: Immigration*



bond-007 said:


> You have to be quite forceful with the Canadian border people


I presume you mean the _US _broder people on the _Canadian _border?

Unfortunately my mother doesn't really have anything to prove that she left (e.g. the sort of documentation mentioned in the link that I posted earlier) so sorting this thing out could be hassle...


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## kellysayers (3 Apr 2007)

I know someone who overstayed by two days over ten years ago. They were sick and didn't inform the authorities. They were refued entry last year and now have to go to the embassy for an interview every time they want to go. That green peice of paper is sooooo important. If i were you I would contact the embassy ASAP and get it sorted.


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## ClubMan (3 Apr 2007)

kellysayers said:


> If i were you I would contact the embassy ASAP and get it sorted.


No point in contacting the embassy since the link that I posted explains how this matter needs to be dealt with.


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## sunrock (3 Apr 2007)

Just out of interest how long do the u.s. authorities keep these records for.During my travels to the u.s. in the 80s i overstayed my visa a few times... haven`t been back since and don`t really need the hassle of visiting there but still curious.
In those times one needed a tourist visa at least and of course times were bad in ireland.


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## danole (3 Apr 2007)

DON'T DO IT!!Get on to the U.S. embassy in Ballsbridge & sort out a visa-it's the only way!I know-it hapeened to us!


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## monicafussy (3 Apr 2007)

I have overstayed 3 times in the last 12 years and have not had any difficulty returning 3 times in the last 3 years!


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## Brooklyn (3 Apr 2007)

*Re: Immigration*



ClubMan said:


> I presume you mean the _US _broder people on the _Canadian _border?



That's the problem - the US doesn't have exit controls, so there wouldn't be US border people stopping you on your way out.

The US Government knows that a lot of people's I-94s just are never collected, for whatever reasons.  Even when you leave by plane, the airline staff don't always bother to collect and forward them, although they're supposed to.  Until the past few years there was no sort of centralised database of who had entered so they wouldn't even have had any way of knowing whose I-94s weren't collected.


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## ClubMan (3 Apr 2007)

I see - thanks for the info.


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## Guest127 (3 Apr 2007)

know someone who was in NY in January last. Same thing. got on to the embassy and had to bring proof she  exited in Jan. She had a credit card statement showing  purchases in Feby at home.


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## ClubMan (3 Apr 2007)

cuchulainn said:


> know someone who was in NY in January last. Same thing. got on to the embassy and had to bring proof she  exited in Jan. She had a credit card statement showing  purchases in Feby at home.


OK - I didn't know that they might take such circumstantial evidence that you were out of the country into account. Thanks for the tip.


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## Sunny (3 Apr 2007)

ClubMan said:


> OK - I didn't know that they might take such circumstantial evidence that you were out of the country into account. Thanks for the tip.


 
As far as I know they take any kind of circumstancial evidence. Payslips, bank statements with transactions on them, credit card statements, rent receipts, letters from employers etc. Happened a friend of mine last year and she was all set for big battle. She basically sent it off with some docs and never heard anything back but she has been back to the States a few times since without a problem. I think it is a hit and miss system but I wouldn't want to end up wearing an orange jump suit on an Island off Cuba so would probably make some effort to sort it out.


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## Stronge (3 Apr 2007)

I flew to the States in Feb last one of the group had overstayed by 4 days about 10 year ago. He had managed to enter the US once before after a bit of a chat.  This time there was no way they would let him through as they said things had got very tight since 9/11 and he had to go home from Dublin.  He was told that he would have to apply for a holiday visa to enter the States from now on.


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## bond-007 (3 Apr 2007)

If you don't play by their rules you will be barred from ever using the VWP again and have to be interviewed each time in the embassy at a cost of €100 a go.


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## Yes Sir (4 Apr 2007)

The only way that i can think of where you could have a problem is if you broke the law in any other way other than overstaying your visa and it did not come to the notice of the police until after you had left the country if you did not do anything out of order during your stay  then you should have no problem getting back in to America


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## scatriona (5 Apr 2007)

Hi

when you say 'green form'  - is it the size of a standard passport page & is it usually stapled in? From memory there could be something like that in mine!!!  and as i was planning to go back to USA in 6mts time, i'm VERY curious!!  

S


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## ClubMan (5 Apr 2007)

scatriona said:


> Hi
> 
> when you say 'green form'  - is it the size of a standard passport page & is it usually stapled in?


That's the one.


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## redchariot (6 Apr 2007)

The Visa Waiver Programme rules are quite clear. If you outstay your 90 days you will not be able to use it again and as a result you have to apply for a visa for any future travel to the USA which will not only be hassle but you may not even get one if they think you could do the same again.

The green card in your passport has to be returned to US Immigration or else you will not get in to the country in the future. When travelling over the border to Canada and you are definitely not returning to the USA you have to hand it into Canadian Immigration who will pass it back to their US counterparts. 

As previous posters have stated you can declare you departure when you get back home and if you still have that green piece of paper you have to return it to the appropriate officials with proof  that you left e.g. boarding cards, immigration stamps to another country.

I was flying out of Chicago about a year ago and you could process your departure on a self service kiosk i.e. fingerprints, photo & passport just like when you enter the country. this would alleviate any fears that airlines don't pass back your green card to US Immigration. Apparently this is being rolled out over all US airports.


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## panathon (5 May 2007)

Not completely relevant to the discussion, but just a comment on the post by Brooklyn - and a warning to anyone who is thinking of overstaying, while there are no exit controls normally - and you think you can just fly back home after overstaying, no hassle - there are random exit controls placed on flights and you may be caught and if you are impolite or unco-operative they can toss you in a cell.


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## lukegriffen (6 May 2007)

The US used to be extremely lax on exit controls pre 9/11,  and I left the country on 2 occasions with the green visa waiver form still stapled in my passport and no exit stamp, and I've been back 2 or 3 times in the last few years with no problems.
If it was me, I wouldn't apply for a visa if you're staying less than 90 days.


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## tinkerbelle (6 May 2007)

hi
i recently noticed that the green slip had not been taken from my passport from my last visit in oct 2006
i rang embassy and was told that it was *my responsibility* to ensure it had been removed from passport
anyway the way i got around it was to send as much information that i could to show i indeed did return when i said i did
they were looking for a boarding card which i did not have but the following worked for me 
(a) a letter from employer stating my travel was business and that i returned on the said date
(b) work time sheet 
(c) flight details with people i travelled with as they have access to the airline names anyway so could see i was indeed on the plane
all these details were sent to washington and i was told to keep copies as it could take 6 months for it to be actioned
anyway all was sorted 3 days after they recieved it and i got a very nice mail stating all was ok


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