Overstayed my US visa for over 9 years, never got deported, can I return as a tourist?
I have a particular situation here, In March of 1997 I travelled to the US as a tourist and lived there illegally for almost 9 years. I was never arrested, or had any trouble with the law, I was never deported. I paid my taxed (had a TFN) had a job, bank account bought a house, etc. About 9 years ago I decided to leave as I was tired of living like that, not able to be legal, in fear of deportation and loosing everything. I also got married (to a person in the exact situation as me) we were able to legally migrate to Australia and now we are Australian citizens. We never returned our I-94s and in 2005 left through Mexico (walked through the border) so there are no records of us ever leaving. We have lived here in Australia for over 9 years.
OK so my question is... We have been thinking we would like to visit our friends and family back in the US now that we have a little girl. Is there any chance they won't let us in because they know we overstayed? We would be travelling with our Australian passports.
Best Answer
You don't qualify for the Visa Waiver Program because you've overstayed. When you apply for the ESTA it will ask you if you've overstayed. If you apply for a visa, it will also ask if you've overstayed. So they will know that you have overstayed; you being Australian now doesn't change that. If you lie, that is misrepresenting a material fact and will lead to very serious consequences, e.g. a lifetime ban.
You probably have a 10-year ban due to unlawful presence. "Unlawful presence" is somewhat complicated, but generally if you exceed the date on the I-94, you start accruing unlawful presence. But you don't accrue while under 18. From your comments, it wasn't clear but it seemed like you were saying you went to the U.S. when you were almost 18. So you likely accrued many years of "unlawful presence". If you have more than 1 year of unlawful presence, and the leave the U.S., you have a 10-year ban starting from when you left. If you want to visit the U.S. during this 10 years, it's possible to get a waiver for the ban. Since you've left for almost 10 years, the ban is almost over.
Even if you don't have a ban, that doesn't mean you will get a visa. Your history of overstay can adversely affect their decision. In any case, since you are applying for a nonimmigrant visa, the procedure is the same no matter if you have a ban or not -- you simply apply for the visa at a U.S. consulate. If you are still under the ban, then they will apply for a waiver as part of the process.
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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.What happens if you overstay your visa for 10 years?
What are the consequences of overstaying my visa? You can face removal proceedings (deportation), a 3-year bar, a 10-year bar, or a permanent bar depending on the amount of unlawful presence you have accrued and your conditions.Can I travel within the US if I overstayed my visa?
The answer to your question is Yes. You can travel on domestic and the risk is very little although present.Are there available waivers for immigrants who overstay their visa?
If you apply for a green card after a visa overstay, a re-entry bar will significantly lengthen your application process or prevent you from applying altogether. But you may be able to apply for a waiver that legally forgives your overstay so that you can apply for a green card.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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Answer 2
The answer is no. You can not return for 10 years if you over stayed for more than 12 months. You will need to apply for a new visa, have interviews to explain the situation. I went through a similar situation Got duped in to believing the man I was involved with would do the right thing, only to find out he was still married, I got sick and got stuck in the USA for 6 years. Applying for a new visa is tough these days, but if the reason is legitimate, they might approve it. I asked to visit my employer but was refused.
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