Can someone who overstayed in the US be allowed to travel back using the same visa?

Question

i know someone who arrived in the US in 2001.he was supposed to leave by 2002 but opted to stay in the US after his friend told him that he could illegally get an SS# through fake documents by posing as someone who was petitioned to work in a convalescent center.suprisingly after showing that fake document( it was in a blue paper)to SS office, 2 weeks later he received his ss card together with a letter in the mail.it wasn't a fake one.actually he used that same ss card to apply for numerous jobs but still remained undetected.his employers even called up SS and they confirmed that # was issued under his name.he got deducted for his ss every month and received tax refunds too.he voluntarily went home in 2007 w/o surrendering his I-194( its that piece of paper attached to your passport)in the hope that US will not have a record of his departure.My Question:will he be allowed to travel back to the US with the same visa he used for going home since it will still expire in december 08?

Answer 1

He will be denied entry, plain and simple. He will already have a 10 year ban from entering the U.S.

That I-94, which your friend thought he would be clever and not hand it so they wouldn't have a record of his departure. Well he is right, they won't have a record of his departure, so to the USCIS he is still in the U.S. and more unauthorized stay is being accumulated as we speak.

To the USCIS he has never left the country, he is still here, overstaying, adding more time to the clock but since he as left the country, he will be denied entry at his port of entry, sent to secondary, detained and then deported without appeal since he would not have a leg to stand.

Idiot.

Edit due to your additional information:

- He overstayed for 6 years, give or take a few months. Automatic 10 year ban from entering the U.S.

- The visa doesn't determine is legality in the country, I am assuming it was a B1/B2 that is a maximum stay in the U.S. of 6 months, 12 if he applied for an extension. The fact that his visa is about to expire means nothing and what makes him think otherwise is beyond me.

- He will not be granted re-entry.

- His passport wasn't stamped on arrival back in the Philippines and so what? He didn't hand in his I-94 either, to the USCIS he is still in the country. Besides all airline companies are required by law to keep a record of their passengers on each of their flights: he will be logged somewhere. Can he provide evidence that he was in his country and didn't overstay? School transcripts, pay slips etc? No, because he wasn't there to have this proof.

- There is no way he can come back, he as a 10 year ban which still hasn't started yet because the USCIS doesn't know he as left. So until they do, the ban doesn't start: he is just making the ban longer so to speak.

- A lawyer won't be able to help him, a waiver is unlikely since an I-601 cannot be filed by those applying for non-immigrant visas except the K1 through K4 for obvious reasons.

Bottom line: no he cannot come back; he made his bed and now he's got to lie in it.

Answer 2

You asked this before.  The answer is the same.  This guy overstayed in the USA over a year and will not be allowed to come back without a Waiver of Inadmissibility.

It makes no difference if he worked, paid taxes or hit .400 for the Dodgers.  He's inadmissible.

I think the question you're really trying to ask is this, "Can he sneak past the CBP Officer at the port of entry without ICE finding out he was TNT for 8 years?"

********CPG is totally correct.  SInce the original I-94 was never turned in ICE considers him to still be in the United Stats.  When he tries to come back he'll be flagged.  He'll need proof that he left back in 2002.  He has no proof.  He'll be detained and sent back.

Answer 3

Well, if you're not going to believe free advice, there's little point in asking repeatedly, especially as both Yak Rider and CPG know precisely what they're talking about. If it will make you feel better, go pay an attorney who will charge you for the same information. Your friend's visa is invalid since he overstayed. If he wants to give it a try anyway, then go right ahead. But it's a long plane flight from Manila to San Francisco, and a much longer one on the way back when you never got out of the airport. Not to mention it's a lot of money for a plane flight to nowhere. Your friend no longer has a valid visa and if he tried  to apply for a new one, he'd be turned down in record time. He'd never be considered for a waiver on a tourist visa, because no one would consider approving him for one. You can't get a waiver if you're not eligible for a visa to begin with. He thought he could play the system and now he's dug himself into a hole he can't climb out of, but if you doubt it, let him buy a ticket and see how it plays out.

Answer 4

if you over stay your visa you can, and should be, deported! If you are deported you can't legally enter for 10 years