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Overstayed US Holiday Visa

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  • 11-04-2014 1:58pm
    #1
    Markymark123
    Registered Users Posts: 5 ✭


    Hi All, I was in the states in 2001 for the summer on a holiday visa but I ended up overstaying the visa by about 8 weeks. I would love to go back for a short holiday but I am wondering will I have hassle getting back in? My passport wasn't stamped on the way home but I am not sure if this makes any difference as I now have a new passport. Would I need to apply for a visa?


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    #2
    Miaireland
    Registered Users Posts: 4,065 ✭✭✭Miaireland


    I am guessing that they would have your overstay details in their computer system and should be able to trace it despite having a new passport.

    For a short holiday in the States an Irish person does not need a visa. You normally get clearance in Dublin or Shannon.

    However if I were you I would contact the American Embassy and see if they will allow you enter the USA before you book any flights. The last thing you want is to be turned away at the airport.


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    #3
    galwayjohn89
    Closed Accounts Posts: 1,930 ✭✭✭galwayjohn89


    Apply for the ESTA they might pick it up at that stage, so you would know whether you would need to go to the embassy. Although getting a ESTA doesn't mean they'll definitely let you in.

    I know a guy who had to get immigration lawyers involved in order to be allowed back into America after overstaying.


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    #4
    cml387
    Registered Users Posts: 8,432 ✭✭✭cml387


    In those days I seem to remember you were given a form attached to your passport which was torn off and sent to the immigration authorities when you left the US.This would have the date you were supposed to have departed .

    They will definitely know, and you need to beg for mercy if you intend to visit again.


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    #5
    Markymark123
    Registered Users Posts: 5 ✭Markymark123


    Thanks all for getting back to me.

    Vuzuggu, How do you mean if I get the ESTA that they can still stop me? Will it still show up on their system??

    CML387, yes I remember there was a green form attached to my passport but when going home no one took it off me, didn't pass any custom officials when flying back? What does this mean? Will they still have a record of me??


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    #6
    galwayjohn89
    Closed Accounts Posts: 1,930 ✭✭✭galwayjohn89


    All an ESTA is, is an authorisation to travel. The immigration officer can still refuse you and send you back. I would imagine an overstay would be spotted during the ESTA process, but I am not 100% sure.


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    #7
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    When you apply for the ESTA it asks if you've ever overstayed. Be truthful if you want to have any hope of going back


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    #8
    hfallada
    Closed Accounts Posts: 4,180 ✭✭✭hfallada


    http://www.jsimmslaw.com/blog/2013/8/7/i-overstayed-my-visa-can-i-return-to-the-us-i-601-waiver

    http://www.irishcentral.com/opinion/others/what-happens-when-you-overstaying-on-a-90-day-holiday-visa-waiver-to-the-usa-235460801-238263351.html

    You are probably best calling the US embassy and seeing what they have to say about whether or not you will be allowed back in. But I cant imagine it being a big deal.


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    #9
    donegal.
    Registered Users Posts: 4,635 ✭✭✭donegal.


    the same thing happened me about 10 years ago.
    a couple of months later i had to go to atlanta to get a connecting flight, wasn't going to stay , just walk from arrivals to departures for a flight back to ireland.

    at security my passport was scanned , i was taken away by security and questioned , "Deported" stamped onto passport and armed escort to my seat on the plane.

    I've been back to the U.S. a couple of times since on holidays but i have to apply for a tourist visa everytime now.

    You CAN'T ring the embassy. You can ring a callcenter with less information than you'd find on their website- total waste of time.
    If you try to go to the U.S. you WILL be refused entry and sent home.
    Make sure you can explain how you funded yourself for your overstay as you wheren't working.


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    #10
    Markymark123
    Registered Users Posts: 5 ✭Markymark123


    Can I apply for the visitors visa online? If so, how long does it take and what do I need? What kind of information/documents do I need??


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    #11
    Nino Brown
    Closed Accounts Posts: 1,507 ✭✭✭Nino Brown


    They don't stamp your visa on the way out, they take the remainder of the I-94 from your passport. They will definitely know you over stayed. Having an ESTA won't guarantee you entry either, you could still get turned away at the point of entry, by the immigration officer, it could be an expensive gamble.


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    #12
    coylemj
    Registered Users Posts: 25,445 ✭✭✭✭coylemj


    Nino Brown wrote: »
    They don't stamp your visa on the way out, they take the remainder of the I-94 from your passport. They will definitely know you over stayed. Having an ESTA won't guarantee you entry either, you could still get turned away at the point of entry, by the immigration officer, it could be an expensive gamble.

    +1 Getting the ESTA doesn't guarantee anything plus you will probably have to make a false declaration to get it and as nino_brown says above, it's a gamble because having paid for your flight to the US, you could be turned back at Dublin or Shannon.

    Officially you have to apply for a visa if you have overstayed on a previous trip.


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    #13
    Parchment
    Closed Accounts Posts: 2,203 ✭✭✭Parchment


    donegal. wrote: »
    the same thing happened me about 10 years ago.
    a couple of months later i had to go to atlanta to get a connecting flight, wasn't going to stay , just walk from arrivals to departures for a flight back to ireland.

    at security my passport was scanned , i was taken away by security and questioned , "Deported" stamped onto passport and armed escort to my seat on the plane.

    I've been back to the U.S. a couple of times since on holidays but i have to apply for a tourist visa everytime now.

    You CAN'T ring the embassy. You can ring a callcenter with less information than you'd find on their website- total waste of time.
    If you try to go to the U.S. you WILL be refused entry and sent home.
    Make sure you can explain how you funded yourself for your overstay as you wheren't working.

    Happened a friend too. Dud move on your behalf to be honest - i was tempted to overstay but i didnt as i knew i wanted to go back in the future.


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    #14
    donegal.
    Registered Users Posts: 4,635 ✭✭✭donegal.


    Parchment wrote: »
    Happened a friend too. Dud move on your behalf to be honest - i was tempted to overstay but i didnt as i knew i wanted to go back in the future.

    had a once in a lifetime opportunity that led t o a once in a lifetime experience (6 months travel through central/south america) - totally worth it .
    the only down side is that now i have to apply for a visa to go on my hols to the U.S. ( now that its been 10 years i probably don't need to apply for a visa anymore, unfortunately its impossible to find out if i do or not)


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    #15
    Yamanoto
    Closed Accounts Posts: 5,489 ✭✭✭Yamanoto


    Markymark123 wrote: »
    CML387, yes I remember there was a green form attached to my passport but when going home no one took it off me, didn't pass any custom officials when flying back? What does this mean? Will they still have a record of me??

    It was always airline staff that removed the I-94, as opposed to CBP.

    I arrived back in Ireland a couple of years ago, only to discover I was still in possession of the part routinely stapled to a page of your passport. I posted it back to a CBP address set up for that purpose & included ticket receipt, boarding passes and other supporting documentation to prove I had exited the U.S. in good time.

    Chances are you'll have to attend for interview OP, but I'd contact the embassy & take instruction accordingly.


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    #16
    smurfjed
    Registered Users Posts: 10,167 ✭✭✭✭smurfjed


    Years ago I flew out of the USA on British Airways, for some reason the remaining portion of the I-94 never made it into the system, luckily i flew back into the USA about a month later, as for the next two years i got called to the office every time i landed there, as their own system proved that i didn't overstay I had an easy time with them, but it still took them two years to clear up the confusion.

    I know make it an habit to write the in/out flight details on every immigration stamp.


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    #17
    iusedtoknow
    Closed Accounts Posts: 1,698 ✭✭✭iusedtoknow


    you'll have to apply for a visa - you overstayed - as far as the US authorities think, you still are in the US (if you i-94w is still in your possession).

    It isn't just your Passport number that they look for, it's also birthdate and name. They know you overstayed.

    If I was in your position, I would apply for the B visa at the embassy and admit you screwed up, have proof that you left the country on x date (even though it was an overstay) and that you don't intend on doing it again.


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