US entry after multi-year overstay advice
- By
- Aparna Patel
- |
- 25 Jul, 2023
- |
If he travels with her, it is going to be very difficult for your husband to give her much support without lying. For example, if asked about the purpose of the trip is he really going to say “To see if my sister can get back into the US to resume her overstay and work there.”, or will he say something that supports her case at the risk of lying and being banned?
It would be much safer for him to go to Dublin airport and wait outside the secure area until either she calls to say she is on the plane or she is denied entry. He can provide emotional support and help getting home if she is not allowed to fly.
I would echo the answer of Honorary World Citizen, but I would add the following legal considerations:
If when she overstayed previously she entered using the visa waiver program, she is legally ineligible to use the visa waiver program again. If she lies about that on the ESTA application or at the border, she will be permanently inadmissible.
Depending on the circumstances of her previous overstay, she may have a three- or ten-year ban, counting from the date of her departure from the US. Based on the facts you have described so far, it is likely that she has nine years remaining in a ten-year ban.
Her paying rent and taxes doesn’t give her any brownie points with US immigration.
So my question is will she get in?
Her chances are slim to none although not zero. People get admitted mistakenly. If found out on a subsequent interaction with immigration the hammer will come down, hard.
If she doesn’t is there implications for my husband?
She’s an adult so minuscule to no implications for him – unless he somehow gets drawn in during the questioning and tells a material lie to US Immigration which is found out. In which case he will be banned, for life.
Could this stop him traveling to US in future?
See response to previous question.
Also, as there are immigration checks at Dublin, is this where she
would be denied entry or would she get to US and be denied?
Whether it unfolds at preclearance in Dublin or in the USA does not change anything. The same conditions and penalties remain.
CONCLUSION
Looking for advice
Don’t do it. However, I don’t know her life circumstance that compels her to attempt this in this time of increased immigration scrutiny. Sometimes a human being is compelled to break the law. Over here, we judge no man.
My advice to her would have been to purchase the ticket at the last minute at the airport (or refundable ticket) in which case when she is denied as I expect she will, she can get a refund of the airfare under the 24 hour free cancellation policy.
Finally she absolutely should not lie to immigration if caught out and questioned about her overstay. That way she only incurs the ten year ban for overstay, instead of a permanent ban for misrepresentation. Ten years seems far off, but at least the window to return remains open.
Credit:stackoverflow.com‘
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