Usa Visa Overstay
 

I am wintering in Montana whilst on a RWT. I applied for a USA visa extension in plenty of time before my visa was due to expire. I assumed the visa extension would be formality as I satisfy all the criteria however I got notice today that my application was rejected. My visa expired five weeks ago. The letter I received today states that I have been here illegally for the last five weeks although of course I didn't know that until today! I had hoped to go to Alaska then return to the lower 48 and leave the USA at the Mexican border. I'm now worried that if I go to Canada I may not be allowed into Alaska or back into the lower 48 as I have unwittingly until today overstayed. I could probably head straight for Mexico without any problem but I was hoping to go to the Yukon and Alaska. Any advice?

HI

I am not sure whether what you have done is a bad thing and whether it will hinder a return entry. But, I can tell you that entering Mexico and Canada will NOT be acceptable for a re-entry for a visa extension or new visa.

You must leave the US and enter a different country, maybe take a short day trip to West Indies or something.

It is all up to homeland security when you try and reenter as to whether you will be issued a new visa

Cheers
TS

I would contact a US immigration attorney...for 1 hours worth of advice...it could save you from doing something that may hurt your chances. There are MANY people that overstay their visas in America...what they do about it is what makes a difference.

Thanks
 

Thanks for the advice. I contacted an immigration lawer who advised leaving the country within 30 days. If I did this I should maintain a clean immigration record and get back into the USA. I also booked an appointment to visit the local Homeland Security office. I was aware that in theory I could be arrested and deported when I walked in but I was treated with the usual American courtesy. The Homeland Security Officer said that as long as I leave "in a timely manner" I should be allowed back into the USA for another six months providing I can show suffcient funds etc.

I am booked to fly to Costa Rica later this month. I was told by the Homeland Security Officer that I could fly to Canada and back. I haven't seen anything official to say that you can't just drive over the border but so many travellers have told me that you can't that I believe this to be the case. I presume the land border crossings don't have the iris and fingerprint scanners that the airports do.

Result
 

I flew back from Costa Rica into Denver International airport where I was ushered into a separate area reserved for suspicious characters by US immigration. They scutinised all my documents and questioned me for 1.5 hours before letting me in with another six month stay. I was under the naive impression that as long as I had funds to support myself, wasn't working and was a genuine albeit a rather long term tourist in the USA there wouldn't be a problem. Applying for a visa extension was an expensive waste of time and flying out and back into the USA to get an extension was a risky and expensive excercise. I was under threat of deportation back to England. I would recommend making do with the original period of entry or leaving for a significant period of time before returning. That is what I'll be doing for the rest of my trip.

Must leave the US
 

I am just wondering at what point Canada and Mexico became part of the U s and why wasn't I informed.

Rick

Snide commentary aside, anyone planning trips to and from the States, whether hook-nosed, bearded and robed or not, needs to take into account the whims and wishes of our so-called Homeland Security apparatus (for whom the phrase "arbitrary and capricious" would seem to have been coined....not to mention, at times, the word "inept"). Entry into the States is not automatic, and I always suggest a strong cover story (a job back home, a house and business to return to, a sick mother, a wife and small children, whatever) and a backup plan just in case. It's not often necessary, but the prevalence of people being turned back at the border is increasing.

Don't be swayed by people who tell you, from a distance, that honesty is your best policy. For example, don't ever tell them you don't know when you're going home, or that you sold everything and divorced your wife when your mom died. Don't try to joke with the serious ones (often recent hires, and often the least competent), and don't volunteer information. Act bored and matter-of-fact. Pretend you're entering a third-rate little land ruled by a psychotic despot and his henchmen. Depending on recent elections, this might even be surprisingly close to the truth.

Hope this helps.

Mark

(from South America, where borders are no less weird and unpredictable, but where outcomes tend to be a bit more negotiable)

Pretend you're entering a third-rate little land ruled by a psychotic despot and his henchmen. Depending on recent elections, this might even be surprisingly close to the truth.

love this :smiliex:

Andy

... and here was I thinking they threw him out at the last election? :confused1:

Hey, this is intended to be timeless advice, applicable no matter who or what. There are lots more despots and despot-henchmen waiting in the wings, plotting strategy for the next election campaigns (which will start gearing up in just another year or so, unpleasant though the thought may be).