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Can I visit the US of A as tourist, even if overstayed for many years?

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  • Can I visit the US of A as tourist, even if overstayed for many years?

    Here's my case. I'll try to be sucinct.

    I lived in the USA 2 decades.Then I decided it was time to return to my homelad. I left the US voluntarily (meaning, was not deported nor asked to leave the country by any court of law). I just decided to leave.

    During the 2 decades I lived in the US, I reported all taxes, never got arrested, did not file any law suit against anyone (nor had one filed against me). In other words I (still) have a clean record. Within the first years upon arriving in America, I filed for residency status. But all I was got was a work permit, which allowed me to obtain a validy SSN/DL. Said permit, was cancelled by USCIS , right after 2002, which made my status an overstay status. BTW, not sure if that's the legal terminology.

    Nevertheless, almost 9 years later, I went home. On the day of the travel, at the boarding gate, I showed my airline ticket and passport, but did not return the entry form (the one we get when admitted in the US at entry time). I did not have it with me.

    It has been 4 years since I left the US. So, assuming I can get a tourist VISA, would it be possible to have my entry at a border crossing, denied, upon arrival, when Border Patrol check my name?

    Well, just checking. Thanks / Cheers

  • #2
    Re: Can I visit the US of A as tourist, even if overstayed for many years?

    If you were a legal green card holder when you left, you will be deemed to have abandoned it. Your assertion you were out of status indicates an automatic 10 year ban will be raised you attempt to obtain entry.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      Re: Can I visit the US of A as tourist, even if overstayed for many years?

      Hey, thanks for your reply. However, I don't think you understood my question. Thanks again.

      Comment


      • #4
        Re: Can I visit the US of A as tourist, even if overstayed for many years?

        Originally posted by Harry Palmer View Post
        Hey, thanks for your reply. However, I don't think you understood my question. Thanks again.
        Only one of two situations can exist. I gave you the answer to both.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          Re: Can I visit the US of A as tourist, even if overstayed for many years?

          Originally posted by Harry Palmer View Post
          Here's my case. I'll try to be sucinct.

          I lived in the USA 2 decades.Then I decided it was time to return to my homelad. I left the US voluntarily (meaning, was not deported nor asked to leave the country by any court of law). I just decided to leave.

          During the 2 decades I lived in the US, I reported all taxes, never got arrested, did not file any law suit against anyone (nor had one filed against me). In other words I (still) have a clean record. Within the first years upon arriving in America, I filed for residency status. But all I was got was a work permit, which allowed me to obtain a validy SSN/DL. Said permit, was cancelled by USCIS , right after 2002, which made my status an overstay status. BTW, not sure if that's the legal terminology.

          Nevertheless, almost 9 years later, I went home. On the day of the travel, at the boarding gate, I showed my airline ticket and passport, but did not return the entry form (the one we get when admitted in the US at entry time). I did not have it with me.

          It has been 4 years since I left the US. So, assuming I can get a tourist VISA, would it be possible to have my entry at a border crossing, denied, upon arrival, when Border Patrol check my name?

          Well, just checking. Thanks / Cheers
          From your story, you were in an overstay situation since 2002 when your work permit was cancelled by USCIS. Just because you weren't pursued for deportation doesn't mean your staying another 9 years beyond that somehow legitimized the overstay. When you decided to leave, they weren't going to stop you at the gate or anything. If anything, every day you overstayed, you risked the possibility of being deported or asked to leave anyway.

          Fast forward to now. When you left, you were still in an overstay status. If you apply for a visitor visa, they are going to see that you overstayed your last visa, and deny you, along with imposing a ban of 10 years for overstaying previously. You are unlikely to even have the visa granted, so it wouldn't even get as far as having your entry denied at the border.

          So, why was your work permit cancelled? Why did you not apply for an adjustment of status at that time in order to legitimize your stay?
          "If it ain't in writing, it never happened."
          "A lack of planning on your part does not constitute an emergency on my part."
          "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

          Comment


          • #6
            Re: Can I visit the US of A as tourist, even if overstayed for many years?

            [QUOTE=sSo, why was your work permit cancelled? Why did you not apply for an adjustment of status at that time in order to legitimize your stay?[/QUOTE]

            Got that work permit through some Law suit. LULAC. ANyway, When in 2002 I tried to get the renewal, the INS agent told me that it had been canceled by the Supreme Court. This LULAC suit went on for 10 years.
            So I was told to submit this and that information, but i was scared and thought it was a way to catch foreigners and deport them. Remember, it was just 1 year after 9-11 and all kinds of rumors were going on about deportations.

            I decided to take my chances and overstayed.

            Comment


            • #7
              Re: Can I visit the US of A as tourist, even if overstayed for many years?

              Originally posted by Disagreeable View Post
              Only one of two situations can exist. I gave you the answer to both.
              thank you.

              Comment

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