Not held at airport, passport not stamped, is my husband banned?

[labyrinthine 0]

Hi all!

My name is Kayleigh, I am an American citizen, and I'm married to a Dutch citizen, Sam, who lived with me in America for roughly 2 years. He overstayed on the VWP for roughly a year and a half. We BOTH left the country, and returned to Holland in May 2013 from JFK airport. We usually pass through passport control, even when leaving the USA, however this time there was no passport control. When we were travelling through baggage security, a woman looked at our passports, but only at our identification page, and she DID NOT stamp the passports. This seemed very weird to me.

What I am wondering is, being that Sam's passport wasn't looked at or stamped, and he also wasn't pulled aside or questioned, did he receive the 10 year bar from re-entry?

We do not plan to live back in the USA in this lifetime, but it would be nice to be able to travel back home with him sometimes. Or if we happen to have a baby within 10 years, I plan to have it in the USA to be with my mom. If he were banned, he wouldn't be able to be there.

ANYWAY, if anyone has any inkling about his possible ban, I would be so appreciative of any information. I have searched and searched, but I haven't found information on the situation, and I am curious.

Thanks in advance!

-Kayleigh

[Asia 2,498]

Passports aren't stamped when you leave. They are needed to identify you only.

If he overstayed his VWP status for more than year, he has a ban.

Try to fulfill the ESTA form.

[Justine+David 218]

Yes, he'll have the 10 year ban, but not because of a stamp, but because he overstayed by more than a year. He will never be able to use the VWP again and will always require a visa. The chances of getting a waiver for a tourist visa are pretty zilch.

[scienceworks 64]

There is no emigration control in the US. The so called passport control when you fly out is for the airline to satisfy the foreign country's visa requirement, not US emigration requirement.

[NigeriaorBust 4,087]

As others have said he has a 10 year ban. He also will never be able to use ESTA under it's current rules. He can apply for a visa in 10 years but with a US wife he is unlikely to get one. There may always be changes in the rules but as things stand right now it isn't likely he will be travelling with you to the US for decades.

[labyrinthine 0]

Yeah, I thought so. I just figured to ask. haha!

It just sucks, though. When he was in America, he didn't work, or get in trouble or anything. It just is so silly to me how anyone could get banned for simply EXISTING in a the USA passed the visa date.

But, those are the rules, so...

Thanks guys!