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Fl holiday after living illegally in the IS yrs ago

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  • 12-08-2014 1:42am
    #1
    persie11
    Registered Users Posts: 97 ✭✭


    Hey,

    Going visiting the in laws in fl later in the year.

    My wife is American, have 4 kids, 2 born in the US and 2 born here.

    I overstayed my holiday visa back in 2002, my old passport has since expired and moved home in 2007.

    This will be my 1st time going back and just wondering if I'll have any hassle at immigration?

    We are both self employed and what docs do I need to bring to prove our return?

    Cheers


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    #2
    ProudDUB
    Registered Users Posts: 11,569 ✭✭✭✭ProudDUB


    To visit the US on a holiday, you will need to fill out the ESTA visa waiver application form online. One of the questions asked, is have ever over stayed a visa in the US before. Answer this question honestly. If you do, you will be called in to the Embassy here for an interview. Once you can prove that you have enough ties to Ireland that will make you want to return here, you should be ok for a visa. Bring proof that you own a home here, have stable employment here, have kids enrolled in school here, have money in the bank proving you are not so broke you have to emigrate to find work etc etc.

    Your being approved all depends on the person who handles your application on the day. You should be ok, but it is hard to say for sure, especially if you were living (and breaking the law, to be perfectly frank) in the US for many years. Your being married to a US citizen should help your case quite a bit.

    Don't be tempted to lie on the ESTA application. Even if you were in the US illegally over decade ago, they still have have ways of finding out about it. It is not worth your while to lie. If you are caught, you will be denied a visa, not just for this trip, but quite possibly for good.


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    #3
    coylemj
    Registered Users Posts: 25,445 ✭✭✭✭coylemj


    You seem to be implying that the fact that you will be travelling on a new passport means that the slate is wiped clean - you still have the same name and date of birth so they will be able to check your history on their systems.


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    #4
    jaymcg91
    Closed Accounts Posts: 1,015 ✭✭✭jaymcg91


    I thought if you overstayed you were banned for 10 years? That's what my friend who did it was told.


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    #5
    iusedtoknow
    Closed Accounts Posts: 1,698 ✭✭✭iusedtoknow


    you can be banned for however long they want to - the important thing is that if you have overstayed, you can never use the visa waiver again.

    I think the process is that you tick "yes" to overstaying on the ESTA form, you're refused and then you have to go the embassy to get a visa. However...just because you have a visa does not mean that the border people will let you it - it is up to their discretion as to whether or not they believe you (it is also a risk that people traveling on the VWP face)

    You're in a pretty good spot, in that your wife is american, however it is no guarantee. I know a canadian that is married to an american, and she cannot enter the US due to some youthful indiscretions with overstaying. She's been refused visas countless times.


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    #6
    SHOVELLER
    Registered Users Posts: 1,639 ✭✭✭SHOVELLER


    It is inaccurate to say if you have overstayed you can never use the visa waiver again.

    I overstayed twice and have never had a problem going back. Same name, same date of birth as before too!

    It is up to the discretion of the officer at border security and they know well that humans make mistakes.

    And no I am not advocating anything illegal here.


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    #7
    mcw92
    Registered Users Posts: 1,501 ✭✭✭mcw92


    SHOVELLER wrote: »
    It is inaccurate to say if you have overstayed you can never use the visa waiver again.

    I overstayed twice and have never had a problem going back. Same name, same date of birth as before too!

    It is up to the discretion of the officer at border security and they know well that humans make mistakes.

    And no I am not advocating anything illegal here.

    Just wondering how long you overstayed? Days? Months? Years?
    Were you on a holiday visa at the time yes?


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    #8
    iusedtoknow
    Closed Accounts Posts: 1,698 ✭✭✭iusedtoknow


    mcw92 wrote: »
    Just wondering how long you overstayed? Days? Months? Years?
    Were you on a holiday visa at the time yes?

    It doesn't matter too much, an overstay is an overstay. Depending on the circumstance, you can be banned from the US for 2 years, 5 years or 10 years.

    The other thing is...no matter the length of time, you will always need a visa


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    #9
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    iusedtoknow wrote: »
    It doesn't matter too much, an overstay is an overstay. Depending on the circumstance, you can be banned from the US for 2 years, 5 years or 10 years.

    The other thing is...no matter the length of time, you will always need a visa

    Plus, is it really worth risking being turned away at the airport, ruining your holiday plans? Always better to be safe than sorry


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