I was fingerprinted entering the U.S two years ago and I overstayed up until last month. However when leaving I was not asked for the Green Slip which I filled out when I entered. Is there any chance I could get back into the States without much trouble? Any help would be great.
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US Entry
- Thread starter danhow2
- Start date
elcupacabras
Registered Users (C)
By my calculations you now have a 10 year ban from entering the States (an overstay of 360 days or more = 10 year bar, an overstay of more than 180 days but less than 360 days = 3 year bar).
As you didnt turn in the I-94W of your visa waiver, you may be perceived as still being in the States. However, by law, each airline carrier needs to provide immigration the details of the passengers that are on board a flight both arriving and leaving the US therefore you may already be documented as leaving.
In order to let immigration know that you have indeed left the US (and not prolong the 10 year ban any longer than it needs to be) you need to send your green I-94W to a specific address (I believe its in kentucky.....you should be able to find it via a google search) along with evidence to prove the date you left the US (flight ticket stubs, pay checks etc)....the 10 year ban will then start from the date you left.
If you turn up to the US without sending your I-94W back, then the POE officer may ask you to prove to him that you left before the 90 days of your I-94W expiry (this will include dated pay checks, house rental/mortgage agreement/payments, car payments, letter from employer, car payments, ticket stubs from your departing flight etc), so therefore be prepared for a denial of entry.
Once your ban is up, you are admissible to the US but not via the VWP which you used to enter for your last visit. This is because any violation of the VWP (an overstay is a HUGE violation) revokes the use of the VWP by that person, therefore you would need to apply for a B1/2 visa via the embassy should you want to visit again.
As you didnt turn in the I-94W of your visa waiver, you may be perceived as still being in the States. However, by law, each airline carrier needs to provide immigration the details of the passengers that are on board a flight both arriving and leaving the US therefore you may already be documented as leaving.
In order to let immigration know that you have indeed left the US (and not prolong the 10 year ban any longer than it needs to be) you need to send your green I-94W to a specific address (I believe its in kentucky.....you should be able to find it via a google search) along with evidence to prove the date you left the US (flight ticket stubs, pay checks etc)....the 10 year ban will then start from the date you left.
If you turn up to the US without sending your I-94W back, then the POE officer may ask you to prove to him that you left before the 90 days of your I-94W expiry (this will include dated pay checks, house rental/mortgage agreement/payments, car payments, letter from employer, car payments, ticket stubs from your departing flight etc), so therefore be prepared for a denial of entry.
Once your ban is up, you are admissible to the US but not via the VWP which you used to enter for your last visit. This is because any violation of the VWP (an overstay is a HUGE violation) revokes the use of the VWP by that person, therefore you would need to apply for a B1/2 visa via the embassy should you want to visit again.
elcupacabras
Registered Users (C)
Heres the information directly from the US embassy London website about what to do with your green slip.
If you have left the United States and are still in possession of the I-94 or I-94W it is in your best interest to forward it to the appropriate authorities so that your record is corrected and that you do not experience any problems on future travel to the United States as a result.
It is very important that you complete the back of the card listing the port of departure and date of departure from the United States and the carrier/flight information. The I-94 or I-94W together with a letter of explanation and evidence of your departure from the U.S. should be sent to:
DHS-CBP SBU, 1084 South Laurel Road
London, Kentucky 40744
USA
Do not mail the I-94/I-94W to the Embassy. Doing so will only delay the update of the departure information. The CBP office in London cannot update the arrival and departure system.
What evidence of my departure from the United States do you require?
The evidence can come from a variety of sources, including but not limited to:
Original boarding passes you used to depart the United States;
Entry or departure stamps in your passport to indicate you entered another country after you departed the United States (please copy all passport pages that are not completely blank and include the biographic page containing your photograph);
Dated pay slips or vouchers from your employer to indicate that you worked in another country after you departed the United States;
Dated bank records showing transactions in your home country to indicate that you were in another country after your left the United States;
School records showing your attendance at a school outside the United States to indicate you were in another country after you left the United States;
Dated credit card receipts with the credit card number deleted for purchases you made after you departed the United States to indicate you were in another country after you left the United States.
Please send legible copies or the original material where possible. If you send original materials please retain a copy for your records; the originals will not be returned to you. It will assist the CBP if you include an explanation letter.
http://www.usembassy.org.uk/dhs/cbp/i94.html
If you have left the United States and are still in possession of the I-94 or I-94W it is in your best interest to forward it to the appropriate authorities so that your record is corrected and that you do not experience any problems on future travel to the United States as a result.
It is very important that you complete the back of the card listing the port of departure and date of departure from the United States and the carrier/flight information. The I-94 or I-94W together with a letter of explanation and evidence of your departure from the U.S. should be sent to:
DHS-CBP SBU, 1084 South Laurel Road
London, Kentucky 40744
USA
Do not mail the I-94/I-94W to the Embassy. Doing so will only delay the update of the departure information. The CBP office in London cannot update the arrival and departure system.
What evidence of my departure from the United States do you require?
The evidence can come from a variety of sources, including but not limited to:
Original boarding passes you used to depart the United States;
Entry or departure stamps in your passport to indicate you entered another country after you departed the United States (please copy all passport pages that are not completely blank and include the biographic page containing your photograph);
Dated pay slips or vouchers from your employer to indicate that you worked in another country after you departed the United States;
Dated bank records showing transactions in your home country to indicate that you were in another country after your left the United States;
School records showing your attendance at a school outside the United States to indicate you were in another country after you left the United States;
Dated credit card receipts with the credit card number deleted for purchases you made after you departed the United States to indicate you were in another country after you left the United States.
Please send legible copies or the original material where possible. If you send original materials please retain a copy for your records; the originals will not be returned to you. It will assist the CBP if you include an explanation letter.
http://www.usembassy.org.uk/dhs/cbp/i94.html
Last edited by a moderator:
elcupacabras
Registered Users (C)
You wont be entering the States 'illegally'......you will merely be attempting to enter the States (entering illegally is when you sneak across the border and no immigration officer inspects you). The immigration officer at the point of entry will know that you previously entered as soon as your passport is swiped (whether its the exact same passport you used to enter previously or a replacement passport)...and red flags will be triggered due to the overstay/no record of you leaving....this will result in a trip to secondary inspection where questions will be asked, it will be revealed that you overstayed, you will be refused entry and sent back home.