Getting a B2 visa after an overstay almost 25 years ago
I know this question was asked many times, and I read most of the answers, only my quest centers on the time that has passed since my overstay.
Briefly, my story is I visited the US as a tourist from Argentina in 1993, and being there I wanted to try the experience to live there for a while, rented an appartment, could get a basic job as a driver doing deliveries, and ended up living for about one and a half years. After that, and realizing living as an illegal was a deadend with no promisory future, I just picked my things, bought a plane ticket and departed in 1994 never to return.
Long story short, after almost 25 years, now I´m a professional, have a good situation and would just like to make a short vacation there.
Here´s my main doubt; I´m not sure if it´s convenient or relevant to mention my overstay when applying for a visa, considering after such a long time they may not have record of that; or do Customs keep records for that long, and could backfire me here at the Consulate, or upon arrival at the airport?
I add additional information To make things more interesting, I also have an italian passport. Since I am of italian descent I own the double citizenship. This passport grants me VWP, but that doesn´t guarantee automatic entrance, that´s why I chose to go with the argentinian one which needs a visa. I assume that having a visa makes entrance more likely since you underwent a previous official scrutiny; or does it not? Besides using a different passport could seem an obvious way to dodge that scrutiny and make it even harder.
Best Answer
It may not be "convenient", but if the form asks about your previous stay, you must answer it honestly, or else you would be lying, and lying to US immigration is a very bad thing and will trigger a permanent ban.
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Can I come back to the US if I overstayed?
Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.Can my US visa 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.Who is eligible to adjust status even after a visa overstay?
Conclusion. If your relative is an immediate relative (spouse, unmarried minor child, or parent of a U.S. citizen) who is currently in the United States with a visa overstay, you can generally file Form I-130 as long it is filed concurrently with Form I-485, Application to Adjust Status.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.BEING LEGAL IN THE U.S EVEN AFTER YOUR VISA EXPIRES
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Answer 2
My experience with the border force and Homeland security in the last year is that they are not reasonable.
If you didn't get caught when staying there illegally and they have no record of your leaving time, then you can say you were there but don't mentioned you overstayed. If you get asked to step aside for questioning on arival, get a lawyer (have one ready to dial when you go).
If you got caught, don't bother with the application. It'll end badly. And you will have to state you got turned down for a US visa when applying else where. That really sucks.
Background: (I'm white, have a job in Europe, didn't overstay my visa, had a ticket to leave the US within the time my ESTA allowed me to stay, but because arriving by private boat after a short sail in the Bahamas (from Florida), I was fined 1000s of US and threatened with deportation) Others have had similar experiences. (turns out private boats are excluded from the ESTA. (Even the embassy didn't know, nor did the first agent.))
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