US entry after multi-year overstay advice
Looking for advice. My sister in law lived in the US for 4 years, overstaying her visa. She worked, paid taxes and rent. She came back to UK a year ago due to family illness and now wants to return. She has booked a return flight via Dublin but has no intention of returning. She has convinced my husband to travel with her, assuming they get in he will return after the 2 weeks. So my question is will she get in? If she doesn’t is there implications for my husband? Could this stop him traveling to US in future?
Also, as there are immigration checks at Dublin, is this where she would be denied entry or would she get to US and be denied?
Best Answer
Her paying rent and taxes doesn’t give her any brownie points with US immigration.
So my question is will she get in?
Her chances are slim to none although not zero. People get admitted mistakenly. If found out on a subsequent interaction with immigration the hammer will come down, hard.
If she doesn’t is there implications for my husband?
She’s an adult so minuscule to no implications for him - unless he somehow gets drawn in during the questioning and tells a material lie to US Immigration which is found out. In which case he will be banned, for life.
Could this stop him traveling to US in future?
See response to previous question.
Also, as there are immigration checks at Dublin, is this where she would be denied entry or would she get to US and be denied?
Whether it unfolds at preclearance in Dublin or in the USA does not change anything. The same conditions and penalties remain.
CONCLUSION
Looking for advice
Don’t do it. However, I don’t know her life circumstance that compels her to attempt this in this time of increased immigration scrutiny. Sometimes a human being is compelled to break the law. Over here, we judge no man.
My advice to her would have been to purchase the ticket at the last minute at the airport (or refundable ticket) in which case when she is denied as I expect she will, she can get a refund of the airfare under the 24 hour free cancellation policy.
Finally she absolutely should not lie to immigration if caught out and questioned about her overstay. That way she only incurs the ten year ban for overstay, instead of a permanent ban for misrepresentation. Ten years seems far off, but at least the window to return remains open.
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Can I reenter the US after overstaying?
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.Will I be able to reenter the US if I overstay my tourist visa?
If you overstay by 180 days or more (but less than one year), after you depart the U.S. you will be barred from reentering for three years. If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years.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.Can I come back to the US after staying for 6 months?
Maximum Period of Authorized Stay Therefore, a person who stays for six months and, instead of applying to extend their visit inside the U.S. if they are a visa holder or a Canadian, departs and attempts to return to the U.S. in less than six months from the departure date, will be barred from re-entry for six months.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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Answer 2
I would echo the answer of Honorary World Citizen, but I would add the following legal considerations:
If when she overstayed previously she entered using the visa waiver program, she is legally ineligible to use the visa waiver program again. If she lies about that on the ESTA application or at the border, she will be permanently inadmissible.
Depending on the circumstances of her previous overstay, she may have a three- or ten-year ban, counting from the date of her departure from the US. Based on the facts you have described so far, it is likely that she has nine years remaining in a ten-year ban.
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