Entering USA with overstay in the past
Maybe someone can help. I want to enter USA for 4 days. I am Canadian now. But in the past I was in the USA illegally for a period of time as another country citizen (not canadian) and my last name is different now because of marriage. Voluntarily left the country. It was 11 years ago. May I be denied the entry at the airport or what to expect ? Thanks
Best Answer
The overstay and the ban you got for it, or would have gotten if you had tried to enter again, is for you, not for the passport you have or even the name you used.
But after 11 years the actual ban is likely to be over and it should not give you problems on entering the USA.
Having had to overstay in the past may make entry into the USA harder, as there is always suspicion that you may do it again.
Living in Canada with the Canadian nationality may make a difference, as it makes it less likely that you will overstay again. If you have proof of ties to your current home, tuck them in your hand luggage or keep them handy near you if you travel by car, do not get them out before being asked for them.
There are several opinions on what is the best way to enter the USA. If you live close to an airport with preclearance you can go there and take the risk that you will not be allowed to board the flight. Using the kiosks usually means that you will not be asked questions and people with Canadian citizenship are almost always let through with few questions if any.
If you live near a land border crossing you can drive up and use that option to get into the USA.
Off course, if you are not approved for entering the USA you will have to cancel the trip and may not get anything refunded for what you have already paid. So it might be best for the first time to have a cheap plane ticket and to have your hotels in the USA booked such that you can cancel them for free, or have alike arrangements which will not cost you if you do not show up.
If you are not willing to risk either one, you can apply for a 'visa replacing' entry clearance. Your best bet for that is to go to the site of the USA embassy or consulate for your part of Canada.
Pictures about "Entering USA with overstay in the past"
How does the US know if you overstay?
Travel Records It's pretty easy for foreigners in the U.S. to know if they've overstayed their visas. All they need to do is look at their I-94 arrival and departure cards, which clearly state how long they can stay.What happens if you stay in the US past your visa?
If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above.What is the penalty for overstaying in USA?
a. The Three Year Bar: Persons who overstay in USA for more than 180 days but less than one year after their authorized period of stay has expired, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for three years from their date of departure.Can an overstay be forgiven?
Can my U.S. visa overstay be forgiven? Yes, there are cases where the government will forgive your visa overstay, and you can obtain a waiver.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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