overstayer Best POE to avoid issues from former overstayer. Valid B2

[giulianoseguro 8]

Hey everyone,

Feel free to move this to the appropriate forum if this is not the right place to post this question.

 

Summary of the situation

My mom had a 10-year ban because she overstayed her visa in the U.S. She served her 10-year ban and now was granted a B2 visa. She will be coming to visit me and my family in the U.S. (wife and I are LPRs, child is USC). My aunt was recently in the same situation and came to visit us. Her POE was Fort Lauderdale and she got the stinky eye by some immigration officers that didn't know what to do given her history. Ultimately they allowed her in and she came and visited us on a B2 visa.

 

My concern is that my mom faces the same issues at the POE because she'll be entering the U.S. for the first time after the ban on a new B2 visa.

 

Question

Would a POE from a larger airport like Houston or Dallas be better than smaller airports POE because the officers would be more experienced in this type of situation?

We're in Austin,TX and tickets are cheaper if she comes through Sao Paulo-Mexico City and then San Antonio. My concern is the POE at San Antonio airport. Would it be better to pay more and enter through POE in Houston or would she be ok even at a smaller airport POE such as SAT?

 

Thanks all!

[Timona 3,943]

She should be okay...larger airports have their own shenanigans too 

[TBoneTX 43,069]

It all depends on the individual CBP agent whom she encounters.  At any time, they can be in a foul mood and be looking to nail somebody.  Get the cheaper tickets.

 

If questioned, she should matter-of-factly say (and, if necessary, repeat), "I honored my previous 10-year ban and have now been granted a valid B2 visa by the U.S. consulate."  If the agent doesn't accept this after two iterations, she should politely ask for a supervisor and matter-of-factly repeat the same statement.

[Canerican 242]

1 hour ago, giulianoseguro said:

Hey everyone,

Feel free to move this to the appropriate forum if this is not the right place to post this question.

 

Summary of the situation

My mom had a 10-year ban because she overstayed her visa in the U.S. She served her 10-year ban and now was granted a B2 visa. She will be coming to visit me and my family in the U.S. (wife and I are LPRs, child is USC). My aunt was recently in the same situation and came to visit us. Her POE was Fort Lauderdale and she got the stinky eye by some immigration officers that didn't know what to do given her history. Ultimately they allowed her in and she came and visited us on a B2 visa.

 

My concern is that my mom faces the same issues at the POE because she'll be entering the U.S. for the first time after the ban on a new B2 visa.

 

Question

Would a POE from a larger airport like Houston or Dallas be better than smaller airports POE because the officers would be more experienced in this type of situation?

We're in Austin,TX and tickets are cheaper if she comes through Sao Paulo-Mexico City and then San Antonio. My concern is the POE at San Antonio airport. Would it be better to pay more and enter through POE in Houston or would she be ok even at a smaller airport POE such as SAT?

 

Thanks all!

In my honest opinion, whether or not she has a B2 visa, she will probably get looks no matter where she enters, considering your mother’s history.

 

If my mind serves me correctly, even though she has been granted a B2 visa, it is still up to the customs & border patrol officer whether or not to let her into the country. 
 

It is up to your mother to prove that she has enough strong ties in her home country to return after her visit. If she does not or cannot prove this, no bueno. I would highly suggest that she has proof of her return and ties to her home country when traveling to the US. Having a child here in the US is a strong tie to stay beyond her allotted tome combined with the fact she has overstayed in the past. 

[TBoneTX 43,069]

1 minute ago, Canerican said:

It is up to your mother to prove that she has enough strong ties in her home country to return after her visit.

^^ Most definitely this, too.

[giulianoseguro 8]

Quote

It is up to your mother to prove that she has enough strong ties in her home country to return after her visit.

I totally agree but how does one prove that? She has a home there, her sister still lives there, friends etc. She will most definitely not overstay again because she doesn't want to not be able to come and go to visit her granddaughter when she wishes.

 

Would they allow her the time and space to articulate her reasons? Because her experience with consular officers is that they don't give much room and just go off what's on the application + what they believe but CBP might be different.

 

I also know its 100% up to the CBP officer to allow her in hence my concern about a picky officer on a smaller airport vs larger one etc.

Edited September 27, 2022 by giulianoseguro

[Canerican 242]

20 minutes ago, giulianoseguro said:

I totally agree but how does one prove that? She has a home there, her sister still lives there, friends etc. She will most definitely not overstay again because she doesn't want to not be able to come and go to visit her granddaughter when she wishes.

 

Would they allow her the time and space to articulate her reasons? Because her experience with consular officers is that they don't give much room and just go off what's on the application + what they believe but CBP might be different.

 

I also know its 100% up to the CBP officer to allow her in hence my concern about a picky officer on a smaller airport vs larger one etc.

The CBP officer may or may not give her the time to explain. That is the roll of the dice chance you take. 
 

Whether you go to a small or large airport has no bearing on the CBP officers day. It could go either way at any airport. As I said above and TBoneTX quoted from my post, she has to prove her strong ties but overcome the history of overstaying. 
 

As much as she can prove. Friends and family can say all the right things to help her stay in the USA, if she so desired, so that doesn’t hold a lot of weight. A job she has to go back to or a house deed. Those are things I would suggest and maybe more. Not sure what else can be used but will leave that to other posters. 

[TBoneTX 43,069]

In her passport, can she produce a good travel history (showing that she left & returned home from another country) after her 10-year ban from the U.S.?

[MaxP22 152]

It's pretty sad and worrying that people who overstayed are being granted new B2 visas.

 

Whatever POE she uses hopefully the CBP there will do their job properly, unlike the ConOff it seems.

[Pinkrlion 2,607]

18 hours ago, giulianoseguro said:

Hey everyone,

Feel free to move this to the appropriate forum if this is not the right place to post this question.

 

Summary of the situation

My mom had a 10-year ban because she overstayed her visa in the U.S. She served her 10-year ban and now was granted a B2 visa. She will be coming to visit me and my family in the U.S. (wife and I are LPRs, child is USC). My aunt was recently in the same situation and came to visit us. Her POE was Fort Lauderdale and she got the stinky eye by some immigration officers that didn't know what to do given her history. Ultimately they allowed her in and she came and visited us on a B2 visa.

 

My concern is that my mom faces the same issues at the POE because she'll be entering the U.S. for the first time after the ban on a new B2 visa.

 

Question

Would a POE from a larger airport like Houston or Dallas be better than smaller airports POE because the officers would be more experienced in this type of situation?

We're in Austin,TX and tickets are cheaper if she comes through Sao Paulo-Mexico City and then San Antonio. My concern is the POE at San Antonio airport. Would it be better to pay more and enter through POE in Houston or would she be ok even at a smaller airport POE such as SAT?

 

Thanks all!

It does not matter what airport to POE.  She has an overstay and 10 year ban on her record and a US son she is visiting.  She should expect to be placed in secondary inspection to prove she is going to return home.  They may only give her a few weeks to stay versus the 6 months to prove she plans to return.  

[giulianoseguro 8]

Quote

It's pretty sad and worrying that people who overstayed are being granted new B2 visas.

I don't think that's a fair statement. For one, you don't know the circumstances that resulted in someone overstaying (sometimes it's not simply the person's fault) and additionally,  10 years have gone by and circumstances can change significantly in someone's life in 10 years that does not make them do the same mistake twice🙂 

 

Quote

In her passport, can she produce a good travel history (showing that she left & returned home from another country) after her 10-year ban from the U.S.?

 

This is a good point! she has been to Europe a few times (she holds a EU passport as well) but that doesn't get stamped within the EU but we could maybe show the tickets, the house deed etc

[beloved_dingo 1,932]

Job/business, family back in her home country, and house/mortgage/lease are the best evidence of ties to home, from what I have seen.

 

Make sure she has a return ticket, and as others have mentioned, it is unlikely they will grant her a 6 month stay this first time. Maybe get a refundable return flight that is ~30 days from her date of entry - she can always cancel and rebook if they give her more time to stay.

 

And for the love of all things holy, she doesn't need to come in with multiple huge suitcases. 

[giulianoseguro 8]

16 hours ago, beloved_dingo said:

And for the love of all things holy, she doesn't need to come in with multiple huge suitcases. 

very good point, thank you! She's only staying for 3 weeks so hopefully they at least give her that but will definitely make sure we have a refundable flight just in case

[giulianoseguro 8]

Just to close the loop on this, my mom came in through San Antonio airport (super small) and she was coming from a Mexico City connection (from Brazil) - Immigration was a breeze. The officer did not ask anything about her previous overstay. 

[jan22 2,898]

On 9/27/2022 at 9:11 AM, MaxP22 said:

It's pretty sad and worrying that people who overstayed are being granted new B2 visas.

 

Whatever POE she uses hopefully the CBP there will do their job properly, unlike the ConOff it seems.

Oops -- just saw the update (glad to see it!) and the date of the original thread.  Glad it worked out.  I'm leaving my response, though, for future readers. 

 

There is no indication that the ConOff did not do their job. Actually, the  fact that the visa was issued would indicate just the opposite - that the ConOff did precisely their job, which was to interview a visa applicant and evaluate their current situation to detemine they have overcome the previous ineligibility and now qualify for a visa.  If Congress had intended an overstay to be a permanent ineligibility, they would have written the law that way. They did not do so, so the visa applicant who can show how things have changed during their 10-year ban so they can now demonstrate strong ties to their home country is qualified to be issued a visa.

 

OP:  I would go for the cheaper ticket or the most convenient flight schedule. All CBP officers have access to the same database, with the same access to information about the prior overstay and the ConOff's notes from the visa interview when the visa was issued.  It is likely that she will get "a look" or two from any CBP officer and a little extra scrutiny -- especially on the first entry with the new visa -- regardless of the POE.  But, ultimately (unIess there is something else we are not aware of), she will get admitted and the scrutiny will be reduced once she shows continued proper use of the visa.

Edited September 21, 2023 by jan22