Can I get back into the USA to visit after overstaying with a new passport?

3/22/2018 5:32:39 PM

Your admissibility or lack thereof depends on your personal circumstances, not on your passport. Using a different country’s passport to apply for a visa, for ESTA, or for admission does not change your history; it only makes it less likely that the US government will connect you to your history if you try to conceal it.

It is still quite likely that they’ll connect you to it, however. First, as you note, they have your fingerprints. They’ll take new ones when you apply for your visa or try to enter under the visa waiver program, and they will probably match your old ones. Even in the absence of fingerprints, your new passport will match the old one on the name, date of birth, and place of birth. They may also have a copy of the photograph from your old passport, and they may match it using facial recognition software.

If you apply to enter the US without disclosing your history and they find out, you will probably be found to be inadmissible under 8 USC 1182(a)(6)(C)(i):

(C) Misrepresentation

(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 chapter is inadmissible.

Note the parenthetical "or has sought to procure": Once you’ve done this, you are inadmissible for life under this part of the law. There is a waiver available, but the application costs $930 and success is not at all guaranteed.

Rather than risking that, it’s probably wiser to apply for a visa and tell the whole story, along with evidence showing why you won’t overstay this time, and hope for the best. You can use either passport.

Credit:stackoverflow.com‘

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Hello,My name is Aparna Patel,I’m a Travel Blogger and Photographer who travel the world full-time with my hubby.I like to share my travel experience.

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