overstay my VWP 10 years ago

[celine73 0]

Hi,

I am a french citizen and in 1996 I went to the US on a vacation and overstayed on my VWP. I worked and lived there for 4 years. I used to work for temp agencies, paid my taxes, had a bank account and never got arrested or into trouble. I went back to France in 2000 with no trouble at all.

I have been back to France for 10 years now and never went back to US. My life is in France now, I have a governement job, a family. I want to plan a trip to the US next year and I am wondering if I risk to be sent back at the immigration. I am hoping as the 10 years bar have passed, it should be OK but I want to make sure before I get in the plane. Can you advise me what i should do and hope for ?

Thank you

[Harpa Timsah 13,258]

I believe if you have misused the VWP once, you are no longer eligible to use it. However, if your 10 years ban has passed you may be eligible for a B-2 tourist visa.

[Pegworth 2]

Hi,

I am a french citizen and in 1996 I went to the US on a vacation and overstayed on my VWP. I worked and lived there for 4 years. I used to work for temp agencies, paid my taxes, had a bank account and never got arrested or into trouble. I went back to France in 2000 with no trouble at all.

I have been back to France for 10 years now and never went back to US. My life is in France now, I have a governement job, a family. I want to plan a trip to the US next year and I am wondering if I risk to be sent back at the immigration. I am hoping as the 10 years bar have passed, it should be OK but I want to make sure before I get in the plane. Can you advise me what i should do and hope for ?

Thank you

How did you pay your taxes? Were you issued a tax ID number or did you use a social security number. If it was a non-working SSN or somebody else's SSN there would be a problem I think. That's potentially material misrepresentation. I'm not sure how the ten year ban works in your case. I believe if some one receives a ban while in the US or trying to enter they need to report to a consulate or embassy in there home country to start serving the ban but perhaps that's for voluntary departure. You may have to prove when you returned home not sure. I would visit a US consulate or embassy and explain your situation before you leave to find out where you stand. I guess you could just do nothing and go and take your chances as well it was long time ago your entry and departure may not be in their system but if it comes up don't lie. Lying will get you a ban Good luck.

[celine73 0]

thank you for your replies. Pegworth you just reminds me that I had a J1 visa with a social security number which was good until october 1997. Then I went back to France and came back in november 1997 on VWP and overstayed. I used then my ss number to get work (temp agencies never asked for a work authorization). It's not smart I know but I was young and stupid. I decided to do my 10 years ban so I really hope I can be forgiven now. I won't lie to the INS but I really want to put the past behind as my life is settle in France now and I dont intend to move back to the US anymore...

[Kathryn41 3,205]

Moved to General Immigration Discussion forum as not an Adjustment of Status from a Visitor, Work or Student visa situation.

[Pegworth 2]

thank you for your replies. Pegworth you just reminds me that I had a J1 visa with a social security number which was good until october 1997. Then I went back to France and came back in november 1997 on VWP and overstayed. I used then my ss number to get work (temp agencies never asked for a work authorization). It's not smart I know but I was young and stupid. I decided to do my 10 years ban so I really hope I can be forgiven now. I won't lie to the INS but I really want to put the past behind as my life is settle in France now and I dont intend to move back to the US anymore...

I guess there is 1 of 3 thing you could try or could happen.

1. You could try to travel to the US and enter and If it doesn't come up don't bring it up.

2. You could try to travel to the US and are refused because of this and told you need a visa to enter. Don't lie about any thing but don't say too much. Try to keep it short that you overstayed. I am not sure where it leaves a USCIS agent if you tell them that you worked with your J1 ssn but if it comes up don't lie. At this point though your trip to the US will more than likely end for the time being.

3. Go to a US consulate explain your whole situation and apply for a visa to travel to the US before you leave.

Maybe some body can chime in with some more suggestions. I don't know how harsh the penalties are for admitting you worked on a J1 ssn with an overstay.

[JimVaPhuong 4,863]

If your departure was properly recorded then your ban should have started the day you left the US. Did you surrender your I-94W?

Working illegally makes you ineligible for some immigration benefits, such as adjustment of status (unless you're an immediate relative of a US citizen). However, there is no statutory bar from entering the US if you have previously worked illegally. It's not one of the immigration violations that would make you inadmissible, and they shouldn't deny a visa because of it.

You cannot use the VWP because you overstayed the last time you used it. You'll need to apply for a B2 visa at a consulate. That will be the easiest way to find out if the term of your ban has been completed.

[Boiler 45,662]

What did ESTA say?

[celine73 0]

ESTA said YES. But I know it does not garanty the entry.