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Help I've a Qs regarding overstay & re-entry

Discussion in 'Entering USA on B Visas' started by sandy88, Dec 6, 2017 at 6:05 PM.

  1. sandy88

    sandy88 New Member

    Hello I hope this is the right place to ask this qs.
    This is regarding my cousins father.
    He has overstayed in the US in the past and returned back in 2011.
    However he got his visa approved in 2017 as a multiple entry. Now they want him to visit USA for sisters delivery.
    But what they fear is ...will he get deported at port of entry? Is this a wrong decision to enter use even though he got the visa approved? Will the CBP track his previous overstay & deny him to re enter?
    He never had any criminal or any kinda case on him during his overstay.

  2. Sm1smom

    Sm1smom Super Moderator

    He will find out when he gets to the POE.
  3. 1AurCitizen

    1AurCitizen Registered Users (C)

    Was the overstay mentioned on the ds160.. or come up at the interview?
  4. SusieQQQ

    SusieQQQ Well-Known Member

    Did he answer the DS160 questions about previous stays in the US truthfully?
  5. sandy88

    sandy88 New Member

    I'm not sure if they did or not . I guess they didn't .
  6. sandy88

    sandy88 New Member

    I'm not sure about that. Haven't asked them in detail. But I guess they didn't because that's what I thought too . If they did ,he wouldn't have gotten the visa . It's just my discussion with my husband .
  7. 1AurCitizen

    1AurCitizen Registered Users (C)

    Keep us posted about his experience at POE.
  8. SusieQQQ

    SusieQQQ Well-Known Member

    Yup, i'd also be interested. CBP should have easy access to his travel records and it should come up when he enters. ("should" being the operative word)

    Just FYI, if he did lie and not disclose the overstay on his form (and I'm sure he would have been asked about it at the interview if he had disclosed it), this is a material misrepresentation in his visa application. Here's the relevant section of immigration law on that:

    Section 212 (a)(6)(C) states:
    (i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

    The inadmissibility that results from this violation of immigration law is a lifetime bar to entry.

    By the way, how long did he overstay for?
    Last edited: Dec 7, 2017 at 8:57 PM

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