B-1 visa overstay

[celoc 0]

Hi there, I overstayed my I-94 tourism visa (I don't remember the validity of it at the time), that was from may/1999 to nov/2002 (when I left back home), never got "caught" on anything wrong, even though I did some working, owned a car and a bank account. Now, over 10 years later, well employed, paying mortgage, married, I even was approved for a new B1/B2 visa at the local US embassy (Rio de Janeiro – Brazil) recently; I´d like to go back for vacation with the wife. Is there any way to make sure I won’t have problems on my way in? I am very concerned about this, she doesn't know I was an illegal in the past (her family is somewhat snob).
I am trying to remember if I had my fingerprints scanned on the entrance, but that was too long ago. Thanks in advance, sorry if this was posted in the wrong place in the forum.

[Pinkrlion 2,724]

No way of knowing. CBP will determine if they will let you in at immigration.

[aaron2020 11,651]

Did you disclose your prior unlawful presence on the application for the new B1/B2?

If you did, then you have no problem.

If you lied and did not disclose it, then you obtained the B1/B2 through a potential material misrepresentation (fraud) which may cause trouble for you.

Edited October 28, 2013 by aaron2020

[canadian_wife 1,823]

What did you put on your B visa application about overstays or previous stays in the US, this is critical

good luck

[jaycali 415]

May 1999 was prior to US-VISIT, prior to CBP/DHS controlling the borders and thus prior to the stringent post-9/11 entrance screening that we have today. That means that there actually is a possibility that your prior overstay was never discovered during your last B-2 application.

As other posters have stated - This is going to depend entirely on what you put in your new B-2 application. If you admitted to the overstay, you will have no problems. If you lied, and it is discovered, you could face serious consequences and have your visa revoked and you barred for misrepresentation.

[aaron2020 11,651]

Celoc. You have been back on this site to read the responses. Why no response from you?

Since you haven't told your wife that you lived illegally in the US, you don't want us to reach the conclusion that you lied to get your B1/B2 visa right? I am kinda of a snob about illegal immigration too like your wife's family.

[JohnR! 5,495]

Hi there, I overstayed my I-94 tourism visa (I don't remember the validity of it at the time), that was from may/1999 to nov/2002 (when I left back home), never got "caught" on anything wrong, even though I did some working, owned a car and a bank account. Now, over 10 years later, well employed, paying mortgage, married, I even was approved for a new B1/B2 visa at the local US embassy (Rio de Janeiro – Brazil) recently; I´d like to go back for vacation with the wife. Is there any way to make sure I won’t have problems on my way in? I am very concerned about this, she doesn't know I was an illegal in the past (her family is somewhat snob).

I am trying to remember if I had my fingerprints scanned on the entrance, but that was too long ago. Thanks in advance, sorry if this was posted in the wrong place in the forum.

Although there is a slim chance there is no record of your entry, there is a record of your departure without an entry, which indicates that you have overstayed. As someone else pointed out, you must have disclosed that overstay when you applied for a new visa and if you were granted it you should be ok. However the final decision is solely at the discretion of the CBP officer upon arrival.

If you did not disclose your overstay when you applied for your visa my opinion is as good as the next guy's. It is a gamble you will have to take.

I would encourage you to speak to your wife so she is aware of what may expect you upon returning to the US. I believe she will be far more disappointed if she comes to learn about it in case you get deported upon arrival, instead of hearing the story from you. Besides it might give you time to reconsider the trip and visit another country instead.

It sucks but that is how sometimes the past comes back to haunt one. Good luck!

[Boiler 45,657]

It is a gamble he does not have to take.