The guy in that media overstayed his visa past the exit date. The OP didn't leave the Country immediately when leaving employment as she was supposed to but the visa itself was still in date. There is a big difference. Unless her employers told immigration services when she left and they compared that to the exit date on her visa and put her on a blacklist, they are not likely to ever know. The only way she would have been caught was at the time. I really wouldn't mention it.
I overstayed my J-1 visa almost 22 years ago (for 76 days)
- Thread starter Lulle369
- Start date
I have replied for a B1/B2 anyway. I'm a paranoid person, so I'll do it the right way. Have an appointment at the US embassy in December.
And; I joined a program to go to the US as an au-pair I guess my host family was obligated to report when I left.
Last edited:
You are probably right to be sure and I am sure you will be ok. I am just still reeling from my mistake making small talk to an immigration official who decided to question me for a hour because he was sure I was going over to the States to play football for money... Simply because I was carrying my club kit bag and explained what it was when he asked...I thought he was interested in my junior z football career.....
I'm bringing a 13-year old. No sports equipment whatsoever And I will have a three year old back home upon arrival. And a husband. And a house. And a well paid job. So if that's not enough I guess we'll travel somewhere else
Good thing when I was applying for the ESTA thing for Orlando they didn't ask me if I'd every worked illegally back in the day. Then there was the time with my sister and me on a holiday visa and they quizzed her in JFK about going on a "3 month holiday", checked her letters and diary etc but she got through. All the illegals we met used to go in and out via Canada back then.
The links to the guy arrested, he admitted he over stayed. I'd have claimed innocence that I didn't remember the dates etc. I don't believe back in that time period they have proper records, we had to fill out forms etc but they weren't as computer savvy as now. Sure I was a dab hand at forging dates of birth as well as most of our Irish documentation was done with a biro.
The links to the guy arrested, he admitted he over stayed. I'd have claimed innocence that I didn't remember the dates etc. I don't believe back in that time period they have proper records, we had to fill out forms etc but they weren't as computer savvy as now. Sure I was a dab hand at forging dates of birth as well as most of our Irish documentation was done with a biro.
Some more information - that I'd almost forgot; during the 76 days of overstating, I worked for approximately 30 days as a hostess in a restaurant.
They kept asking me for my social security card (of course I had that at the time - but never gave them). Eventually I told them I had to go back to my country due to medical issues. And home I went (but not because I had medical issues).
Is this matter something I should mention too? God - I did a lot of lying back then.
They kept asking me for my social security card (of course I had that at the time - but never gave them). Eventually I told them I had to go back to my country due to medical issues. And home I went (but not because I had medical issues).
Is this matter something I should mention too? God - I did a lot of lying back then.
- If you are caught doing illegal business in the United States, and this for less than one (1) year,you could be banished from the United States for a three-year (3) to five-year (5) period;
- If you are caught doing illegal business in the United States, for more than one (1) year,
- you could be banished from the United States for a ten-year (10) period;
- If you are caught making a false statement at the border, you could be banished from the United
- States for a five-year (5) period.
- If you are caught making a false declaration at the border, you could be banished from the United States for a five-year period;
- All these decisions are taken forthwith and are final; there is no way to reverse these decisions.
Either just go, don't tell them anything, and hope for the best. Or go to some other country.
I really doubt there will an issue if you just dont volunteer the information, I would have thought that pre 2001 there was a lot of record keeping to the extent they have since that.
I really doubt there will an issue if you just dont volunteer the information, I would have thought that pre 2001 there was a lot of record keeping to the extent they have since that.
As Bronte mentioned, record keeping is non-zero unless you volunteer it before 2000. I went there in 88 for a month's holiday but Shh cos I worked and didn't leave for a long time after that. I have been to the US three times since 2006 with no issues. You really need to chill and don't divulge this stuff. There's always great scaremongers on this site
Bringing my 13-year old along with me doesn't give me the opportunity to "hope for the best".
And I've already given the embassy information about my overstay - since I'm applying for a B1/B2. I'm just wondering if I should tell them about the short period I worked too. From what I can read the penalty for working illegally is about the same as for overstaying. In my case - a three year ban.
In that case just tell them everything if you want to be sure in advance of travelling.
I think you have enough opinions at this stage to decide yourself what you want to do. But it sounds like you want to veer on the side of caution so you may as well do that.
I think you have enough opinions at this stage to decide yourself what you want to do. But it sounds like you want to veer on the side of caution so you may as well do that.
The first sentence is the answer to your second. You get pre-clearence usually here so it's not a case of being put back on the next plane.
Brendan Burgess
Founder
- Messages
- 52,073
Lulle
Where are you flying from? There is pre-clearance in Dublin. So if they let you through , then there are no checks on the other side.
And if they turn you back, it's not as disruptive as being turned back at Immigration in the USA and detained until a return flight is available.
Brendan
From Amsterdam.
Steven Barrett
Registered User
- Messages
- 5,121
Jeysus, keep your mouth shut!! If there is no record of you working in a restaurant 22 years ago, they won't have any record...unless you tell them.
And you haven't clarified if you overstayed the amount of time you were allowed stay on your visa. The fact that you have been to the US twice before, means you would almost certainly have gotten in again without hassle. Now you are running a greater risk of getting rejected.
My visa ran from Sept 1996 to Sept 1997. I left the program earlier though, and with the visa I had at the time that meant I should leave immediately.
I think you're doing the right thing in playing it safe and applying for a visitor visa. It's a pain going through the process, but you should be fine, and you'll know before you travel whether you'll be let in as you'll have the actual visa rather than a waiver. I've no recent direct experience, but there was a documentary about the US Embassy in London recently, and it was clear enough that whilst they are tough, they are not out to penalise people unecessarily for things that at are at worst a technicality (in the sense you would have qualiffied for a visitor visa in any case). Being caught supplying inacurate information, is a big no-no for them, though and will imediately raise suspicions, so I think you're right to play it safe.
Whatever about being caught out for the overstay, where there's no way of knowing what records they may have (or absense of records that should be there), there's no way from what you say there could be any record of you having worked there, so I would be inclined not to say anything about that. Whetever you decide, though, by applying for the visa, you will know before you travel where you stand.
Thanks. I'm all in for playing it safe. I don't know how much recourse they will put in my case either. I'm obviously not a terrorist, but if they for instance call the person I stayed with during those 76 days - they can easily figure out that I worked there as well. And the address I stayed in at the time is on my US drivers licence. The person has a very usual American name, and the house is sold long time ago, but based on the fact that they can easily get a hold of the address - they can track down this person as well. And He'd might say that I worked.
Haha. I always prepare for the worst case scenario.
On the other hand - my US drivers licence is dated a month after I left my host family. I wonder how I could get a licence if I was considered an illegal immigrant?
Are you saying you overstayed the end date of the visa (I think they were usually for 4 months) or that you should have left the country when you quit your job?
I did a J1 around the same time as you and the visa was not tied to any employment, in fact many people went without a job and got work waiting tables or cleaning when they got there.
Are you sure it was actually a J1 visa?
I'm really not sure. Since I'm putting all on the table to the embassy, I was kind of hoping they could tell me. Just have to wait and see in a couple of weeks. I'll update this post
There are many forms of J1, the AuPair category is a 12 month visa with the option to extend a further 12 months.
Staying on once you terminate the arrangement is not allowed, but unless the host family or sponsor reported that, it's unlikely they know. Taking on other work on an Au Pair visa is also regarded as a serious offence. If you tell them that, you will likely be banned entry to the US for a time, perhaps even permanently.