HELP required please

[kc1986 0]

Hi all

Ok let me begin my story. I'm a british citizen ex british soldier that fought in iraq alongside many american soldiers.

In march 2009 I went to the usa with some friends for a long 3 month holiday to relieve my stresses from my prevoius time in the army. I was very naïve and didn't understand the implications of my actions. I ended up overstaying by 2 months ...it was october and I was ready to book a flight home, however one night I was run over in a bad hit and run accident. The guy was caught and jailed I was in hospital with broken ribs,hip and collerbone and slight internal bleeding. I left hospital with 35k medical bills and I also culdnt walk for 2 months. The state aTtorney personally helped me win the case against the guy and he was jailed. He had no insurance so I had to sort my bills myself. During the court case I flew home and came back with no problems... I was told I HAD to return to the usa to testify....so I landed back in florida and proceeded to sort my oustanding bills and make sure this guy didn't get away with nearly killingg me. It too ages to sort out. The state attorneys office pleaded with me to stay until the case went to court. After waiting loads I had a 3 day trip to mexico with an australian girl I know.

When I got back from mexico I was detained and sent back. They didn't believe I was just stayiing for this court case. But I really was.

I got back to the uk in august 2010. I now have a gf in uk and a good job. In 3 weeks I am going to canada to visit a friend that took care of me whilst I was in the accident. When I get to canada I plan on getting a train to new yok for a week to visit a friend I whilst in iraq. I will be spending a week there then going back to canada to spend 2 weeks with my friend then going back to uk.

Now I wasn't given any paperwork when I left the usa or told of any ban. The officer in charge was really friendly and I was really cooperative and I left shaking hands with him.

Its been nearly 2 years since all this happened but I'm worried about what may happen when I try to go new york.

Can someone please help me .

Many thanks,

[Boiler 43,434]

Have you applied for a Visa?

If so what was the result?

[Sirdaniel42 86]

I guess that England is in the VWP, give that a try and see what the results are.

You can apply for VWP online.

Edited May 17, 2012 by Sirdaniel42

[Boiler 43,434]

He is not eligible to use the VWP.

[kc1986 0]

Hi

Nah I haven't applied for a visa.and I know I'm not eligible for the vwp. I'm going to canada I know I don't need a visa to go there. So wat should I do.? I'm either ggoing to get the train or hire a car down to nyc to see my friend for a week.

Thanks for the response guys.

[Boiler 43,434]

If you want to go to NY then you will need a Visa.

[kc1986 0]

Thanks for the response.

Let's say I go to canada then I take the car,train to new york. Surely if they stop me I can just explain the situation to them?

I will take my return ticket from canada to uk and a letter from my job etc. All this evidence plus the fact that I overstayed due to extenuating circumstances will surely make them think twice about simply denying me a week in new york?

[Tygrys 143]

Thanks for the response.

Let's say I go to canada then I take the car,train to new york. Surely if they stop me I can just explain the situation to them?

I will take my return ticket from canada to uk and a letter from my job etc. All this evidence plus the fact that I overstayed due to extenuating circumstances will surely make them think twice about simply denying me a week in new york?

You need visa. You will not be let into US without the visa.

[aaydrian 479]

All immigration data bases are connected whether it is land border crossing entry or via air travel. So if you aren't allowed entry to the US, you will be sent back to where you're coming from be it at the airport or at a border crossing (Mexico/Canada). If immigration worked the way you're hoping then controlling illegal immigration would be impossible.

Since you can't travel on the VWP you need to apply for visa where at that interview you may get to explain why you no longer qualify for the waiver program and have to resort to a B2. You can't fast talk your way across the border when you have no legit documentation that gives you permission to be in the US. Officials at the border don't care if without papers you only want to be there for 7 days, in their minds a trespasser only needs 60 seconds to get lost in the country, complete some illegal transaction, hurt someone etc.

[Harpa Timsah 13,258]

Thanks for the response.

Let's say I go to canada then I take the car,train to new york. Surely if they stop me I can just explain the situation to them?

I will take my return ticket from canada to uk and a letter from my job etc. All this evidence plus the fact that I overstayed due to extenuating circumstances will surely make them think twice about simply denying me a week in new york?

Say what? You think you don't need a visa? Well, you need a visa. The Canadian border is still a border. You will be checked there and denied entry. By land makes no difference. (might be a strange concept to someone who lives on an island or something).

[Boiler 43,434]

Not really, there is a Border with Scotland and Wales that does not count for much but anywhere else is another issue.

[Harpa Timsah 13,258]

Not really, there is a Border with Scotland and Wales that does not count for much but anywhere else is another issue.

Yes, I know, and have been there. But clearly he should understand Canada and US are not any sort of "United Kingdom."

[canadian_wife 1,791]

Thanks for the response.

Let's say I go to canada then I take the car,train to new york. Surely if they stop me I can just explain the situation to them?

I will take my return ticket from canada to uk and a letter from my job etc. All this evidence plus the fact that I overstayed due to extenuating circumstances will surely make them think twice about simply denying me a week in new york?

Why will it make them think twice? To them you violated the terms of your previous entrance into the US, whose to say you won't do it again?

Expect to be denied, but keep us posted

Good luck

[Harpa Timsah 13,258]

You cannot travel to the US without the proper travel documents. Full stop. It has nothing to do with being in violation of past visas.

[kc1986 0]

Guys yes I voilated the terms some four years ago however...when I got hit by that car and nearly died I made sure I stayed and payed back every penny I used all of my savings....so in a way I have shown compliance to the usa law. I could of just come home and dipped on paying the bill.

Can I apply in canada for the visa? I'm not looking to fast talk my way over simply explain and show evidence that obviously I am going to come back!