Overstay of Holiday Visa 9 years ago?

ukjennad

Hi,

So I understand that nobody can give me a definite answer, but I would just like advise. I went to NYC on a holiday Visa in 2004 and overstayed by 3 months. On my return I told them I had lost my green slip with my entry date. The airport on the way home was a bit of a blur so I cannot remember if I was finger printed but I dont think so ( I was 21). My brother has lived there for 4 years in college and is graduating in May and Id really like to be there for it. I have a new passport now, should I just chance entry in Dublin or go to the embassy and fess up? Since I have not been back in 9 years maybe my ban would have expired?

Thanks
Jen

coylemj

Apply for a visa, you're not eligible for ESTA as you overstayed on a previous visit.

That's all there is to it really. Any other response is going to involve a reckless suggestion to 'give it a go' in which case there is a serious possibility that you will get turned away from pre-clearance in Dublin or Shannon - do you want to take that chance?

ukjennad

coylemj wrote: »

Apply for a visa, you're not eligible for ESTA as you overstayed on a previous visit.

That's all there is to it really. Any other response is going to involve a reckless suggestion to 'give it a go' in which case there is a serious possibility that you will get turned away from pre-clearance in Dublin or Shannon - do you want to take that chance?

And if I wasnt fingerprinted and didnt hand in my slip on my return would they know I overstayed? Even tho I have a new passport number?

spideog7

ukjennad wrote: »

And if I wasnt fingerprinted and didnt hand in my slip on my return would they know I overstayed? Even tho I have a new passport number?

Maybe they will, maybe they won't. They'll ask you a few questions and you'll never know what's written on their screen, if you're found to be lying they'll ban you from re-entry for at least 10 years. Lying to the immigration officer is much more serious than a brief overstay 9 years ago. Usually after 10 years they'll forgive an overstay but if you get turned away again they will start the 10 years back at 0 or possibly even extend it to 15.

In the unlikely scenario that they deny the visa the chances are you'd be able to get one next year after 10 years has passed. If you've any intention of ever going on a holiday or anything again you'd be shooting yourself in the foot by not doing things the correct way.

You asked the best way to do it and the best way to do it is to go the embassy and apply for the visa.

iusedtoknow

ukjennad wrote: »

And if I wasnt fingerprinted and didnt hand in my slip on my return would they know I overstayed? Even tho I have a new passport number?

without the green slip in their possession, as far as they are concerned....you're still in the country. You were put into their computer system, so your passport will be flagged by Name and DOB and POB

Apply for the visa - fill out the painful DS-160, line up at the embassy, and do the interview. If I were you, i'd bring (you may not need it) proof you weren't in the country all that time. The burden of proof will be on YOU, not on them. You broke their laws.

And remember...if you do get a visa, you could be turned away at the border by the officer. The CPB do not have to follow the recommendation of the State Department (who grant visa's)

If you do get the visa, and they believe that you won't overstay again, you'll need to go every 5 or 10 years for a renewal. Because you overstayed, you have forfeited the right to VWP.

coylemj

ukjennad wrote: »

And if I wasnt fingerprinted and didnt hand in my slip on my return would they know I overstayed? Even tho I have a new passport number?

Wishful thinking. Are you suggesting that getting a new passport means the slate is wiped clean?

Have you managed to acquire a new name and date of birth in the meantime or do you really think the system is that easy to circumvent?

silja

I think you have a reasonable chance of getting a visa, because of the time since your overstay, and you having a good reason for your visit now, plus there is no actual ban (that only kicks in if you overstay 180 days). But, as the others have said, do not try and fudge it or lie on the ESTA form, just apply for the tourist visa.

InTheTrees

ukjennad wrote: »

And if I wasnt fingerprinted and didnt hand in my slip on my return would they know I overstayed?

I believe the slip you're referring to actually has two parts, they gave you one part and they kept the other part.

It makes it easy for them because after 90 days any un-matched forms go in an "Over stayed" file.

They probably think you're still there.

veetwin

I've heard of lads changing their passports to the Irish version of their name and still getting stopped. Also heard of a lad the other day being refused entry for overstaying 15 years ago. The advice to apply for a visa and be honest in every answer is sound.

useless

My friend overstayed in 1996 by la couple of weeks and was subjected to a serious interrogation by CBP at JFK around 2007/8. They did let her in- though they told her that she could have been put back on the flight to Dublin, and if she ever has to go back to the US that she has to go to the embassy and get the visa.
So I wouldnt chance it if I were you.