Illegally in the USA and left without being arrested, now applying for Tourist visa.

[needtoask 0]

Hello there,

My father in law is form Colombia. My wife is Colombian too but live with me in Canada (I'm a Canadian citizen. She got her US visa two years ago for 2 years...she isn't a Canadian citizen yet but a Permanent resident). In the 80's, he entered the USA illegally from Mexico and worked for his brother in New Jersey and stayed there for 2 years. He then went back to Colombia by plane from NYC in 1990. He has never been spotted, arrested or intercepted by the American authorities during his stay or at the airport. Now, he would like to go visit this brother with his wife. Is there a chance that his name may be somewhere in the system of the US immigration? What is the best way to handle this situation. My wife is worried that if he answers positively to staying illegally in the USA, they will never grant him a b2.

Thank you for your help.

[canadian_wife 1,823]

He should never lie to obtain a tourist visa.

If he left the US, I am sure there is a record of his name on a manifest correct?

good luck

[Cathi 5,770]

Never lie to immigration, ever.

[needtoask 0]

He should never lie to obtain a tourist visa.

If he left the US, I am sure there is a record of his name on a manifest correct?

good luck

well, maybe on the plane ticket...but I heard that at that time, they didn't centralized all the entry/exit of people and there were no electronic follow ups etc.

Could someone explain this part to me?

thank you

[Merrytooth 5,748]

Just be truthfully in his tourist visa application and let the chips fall where they may.

[canadian_wife 1,823]

His only option is to tell the truth. Anything else would be fraud and can result in a lifetime ban from the US.

It has been over 20 years since he left the US, any ban probably would have already expired.

good luck

[RhettVoe 282]

Why are you even contemplating having him lie? Is there a valid reason for him to do so? If so, then why should anyone tell the truth? And what does that say about his character (and yours, since you apparently want him to)?

[aaron2020 11,651]

The best way to handle the situation is to tell the truth.

Omitting his illegal presence when asked directly on the visa application is fraud.

[Jawaree 718]

Ithink prior to 97 it would not affect the decision, just get a free consult with

an immigration atty, don't want to not disclose and they find him also

info all that way back can be requested from an airline (manifests) by the gov.

since back then it was not systematically stored as after 9/11, be a straight

shooter in the matter.