QUESTION
Will I be denied re entry into the US due to previous immigration history?
Asked on Jul 08th, 2011 on Immigration - Texas
More details to this question:
Just a query, me and my fiance are Irish Citizens, but are currently Permanent Residents in Australia, we lived in America for 2 years without a visa, we are getting married next year and would love to go to America for our Honey Moon, possibly Miami, will we be able to get back into America or will we be declined, we departed America in 2008.
4 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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You will need to apply for a visitor visa and can't use the visa waiver. You will also be required to file a Section 212(d)(3) waiver for the overstay; explain why it happened, that you are reformed, just coming for a short visit, strong ties abroad, left voluntarily, etc. I recommend getting an attorney to assist.
Answered on Jul 18th, 2011 at 1:35 PM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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You have triggered the 10 year bar.
Answered on Jul 15th, 2011 at 2:26 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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it appears that both of you are subject to 10 year bar as you overstayed your authorized stay in the US for more than one year and then left the US. If you try to enter the US and is discovered by CBP, you will be put in expedited removal.
Answered on Jul 15th, 2011 at 1:44 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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If you resided in the US unlawfully for two years, then you will likely be denied entry if you are coming in on an ESTA visa waiver. You will need to apply for a waiver and for the B-2 visitor visa as you no longer qualify for the visa waiver program.
Answered on Jul 15th, 2011 at 11:46 AM