Travelling via the US for an ex overstayed visa traveller?

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numpty

New Member
Travelling via the US for an ex overstayed visa traveller?

Back in Dec 2003 when I was younger and stupider, I left the US to go back to the UK (I am a UK citz), after overstaying my visa by 3 years (during my time in the US I married a US girl & then got divorced after it all fell apart after a month) - I went to the US in 2000. I totally understand this was my choice, my fault, and I broke the rules, and I can accept why the US wouldnt want me to travel back in to their country, but I was wondering if I could still fly to other countries via the US, on the transit visa & if so what would be required.

I wasnt deported, I just turned up at the airport and got a flight home - no one from customs said anything and I wasnt detained. I did go down to the local immigration office, and they said just go to the airport and catch a flight - they didnt seem that interested (bigger fish to fry I suppose).

I have heard that I may have to prove that I actually left the US, and they might not have it on record, but to be honest I have no idea where to begin.

Any help would be gratefully received.
 
Three year overstay? That's a 10-year bar to entry that should end in Dec 2013. It is probably best not to attempt transiting the USA before then. It is definitely a bad idea to try transiting on visa waiver. You might get lucky and be paroled into the airport for the purpose of catching the next leg, but that's a terrible risk to take. Most likely USCIS does have a record of your departure, from the flight manifest if nothing else. But do locate and preserve any records you may have of your departure (passport stamp, ticket stub/receipt, etc.)

Of course the 10-year bar expiring doesn't mean you can automatically get back in. Applying for a transit visa at a consulate if you want to transit, as you suggest, is probably the way to go. You would probably also have to apply for a waiver to the 10-year bar before Dec. 2013. I don't know if this is easier for C1 visas but without any actual knowledge I seriously doubt that you would succeed since it would be purely for your convenience. Ask a consular officer.
 
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