Will I be allowed to enter the US after living there illegally then legally in the past?
I was born in London. I went to the US as a child, my mother decided to make it a permanent move, so I became illegal.
I graduated high school and when Obama came into office I was able to get DACA, I got a work permit, social, and my driver's license. I have 3 kids that were all born in the US. I continued to renew my work permit up until a few months ago when I moved back to London with my kids.
However, when I left the US my work permit was still valid. It has now expired , I applied for an ESTA almost a month after my work permit expired and it was approved, so I've bought tickets for my kids and I to go visit next week.
I know when you apply for ESTA it tells you that the immigration officer has the final say when you make it into the US. So my question, is do you think I will have any issues once we arrive in the US?
From the comments, the OP has their mother and job in the UK and plans to go to the USA for just a week.
Best Answer
DO NOT ATTEMPT TO TRAVEL TO THE US USING THE VISA WAIVER PROGRAM
If you have previously overstayed in the US on the visa waiver program, then you are no longer eligible for the visa waiver program (see 8 USC §1187(a)(7)). If your ESTA was approved, it is because you lied when applying for it. If you attempt to travel to the US under the visa waiver program, then you will likely face serious consequences including deportation and a lifetime ban from returning to the US. You may even be prevented from boarding your flight. You should obtain a visa to travel to the US.
There is also the question of whether you are eligible for a visa: You need to look at the law to see if you are an inadmissible alien (per 8 USC §1182(a)(9)). If you are an inadmissible alien, then you cannot be granted a visa or admitted to the US. This is not a matter of discretion -- you cannot plead your case to the consular officer or CBP officer. (However, it is possible to apply for a waiver of inadmissibility due to unlawful presence or obtain advance parole depending on your situation. Get a lawyer if you want to go this route, as it is complex.)
Here's the summary of inadmissibility due to unlawful presence:
- If you accrued more than 180 days of unlawful presence in the US, then you are inadmissible for 3 years starting from the date of your departure.
- If you accrued more than one year of unlawful presence, then you are inadmissible for 10 years starting from the date of your departure.
- However, unlawful presence does not accumulate while you are under 18 or while you have DACA.
If you obtained DACA before you turned 18 or within 180 days of turning 18, then you are not inadmissible. (I'm assuming your DACA did not lapse after you obtained it.)
If you obtained DACA before you turned 19 and it has been 3 years or more since you left the US, then you are not inadmissible.
If it has been 10 years or more since you left the US, then you are not inadmissible.
Note that there are other grounds for inadmissibility (I'm only considering inadmissibility due to unlawful presence), so if you, say, engaged in unauthorized employment or were ordered removed, then you may be inadmissible due to that.
Just because you are not inadmissible does not mean that you will be granted a visa or be admitted. It is still a matter of discretion. You will need to present compelling evidence that you will not overstay again in order to obtain a visa and be admitted.
When applying for a visa you may also need to explain why on your ESTA application you answered "No" to "Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?."
Please note that the consequences of US immigration fraud are severe. And improper use of the visa waiver program may count as fraud. One day, when your children are adults, they might want to sponsor a green card for you to legally immigrate to the US. Your previous overstay will likely be forgiven, but fraud will not be forgiven.
Pictures about "Will I be allowed to enter the US after living there illegally then legally in the past?"
Can I come back to the U.S. after being deported?
If you were ordered removed (or deported) from the U.S., you cannot simply turn around and come back. By the legal terms of your removal, you will be expected to remain outside of the country for a set number of years: usually either five, ten, or 20.What happens if you enter the U.S. illegally?
Section "1325(a) is a regulatory offense, and thus knowledge of alienage is not an element." The maximum prison term is 6 months for the first offense with a misdemeanor and 2 years for any subsequent offense with a felony. In addition to the above criminal fines and penalties, civil fines may also be imposed.Can you be deported after 10 years?
Once you have been deported, the United States government will bar you from returning for five, ten, or 20 years, or even permanently. Generally speaking, most deportees carry a 10-year ban.Can I get a green card if I entered legally?
People who entered legally into the country but stayed longer than allowed may be able to apply for an adjustment of status and become approved for a green card.Jan. 6 committee holds fifth public hearing in series - 6/23 (FULL LIVE STREAM)
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Charles Parker, Craig Adderley, Ninetyseven Imagery, Element5 Digital