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CAN I RE-ENTER THE STATES?

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  • CAN I RE-ENTER THE STATES?

    I am a British citizen, I first arrived in the USA in Los Angeles on January 2000. I was supposed to leave after 90 days but over-stayed until January 2002, departing from New York with a temporary one way pass back home (as I had lost my original passport). I now have a new Britsih passport with no stamp of me being in the US. Can someone tell me - will I be able to re-enter on another tourist visa or will I have to apply for a working visa? Will I be able to re-enter at all? Is som red flag going to show up on the screen against my name at the gates? I would be very grateful to anyone who could answer these questions. Thank you, Melissa.

  • #2
    I am a British citizen, I first arrived in the USA in Los Angeles on January 2000. I was supposed to leave after 90 days but over-stayed until January 2002, departing from New York with a temporary one way pass back home (as I had lost my original passport). I now have a new Britsih passport with no stamp of me being in the US. Can someone tell me - will I be able to re-enter on another tourist visa or will I have to apply for a working visa? Will I be able to re-enter at all? Is som red flag going to show up on the screen against my name at the gates? I would be very grateful to anyone who could answer these questions. Thank you, Melissa.

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    • #3
      I don't know if you can do it now after 9/11, I think they have been digging out old records at POE's, so they may have the information of your last departure. I left the USA pre 9/11 after a much longer overstay then 2 years, I left on a new UK passport issued in the USA, (old one had expired & I-94 long gone) and I re-entered the USA six weeks later. I fully expected to be refused at POE but there was no problem at all. Looking back on it, it was a very stupid thing to do and I definitely wouldn't try it again! I wouldn't try it with the Visa waiver, suggest you get a visa.

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      • #4
        Hi Melissa,

        I'm british too, to cut a long complicated story short, my situation was somewhat similar to yours. I came over on a B1/B2 several years ago, stayed for the full 6 months, then applied for an extension, was told it would take 260 to 280 days to process a 3 month extension. Stayed on for a while but did'nt know if I could stay in that period, seemed ridiculous it would take that long.

        Anyways left after waiting for a couple of months...Big mistake it seems, next time I tried to re-enter I was told that I could not re-enter because I had overstayed in the past, seems that leaving invalidated the extension application..So basically made it look like I overstayed, explained to the officers the situation but basically got sent back to England.....Of course a few months later I got my application extension approved! but at that point it didn't matter. However I did manage to get another B1B2 from the embassy...and now post 9/11 I have a work visa and am working over here.
        It seems to be an issue of luck, just beware that you may get refused, as the last person said they are tracking old entry/exit records now...I would suggest that you try and apply for a B1B2 visa..

        I'm not an immigration lawyer so act accordingly

        Good luck!

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