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View Full Version : WHY?? - B1/B2 overstay 5 yrs seeking re-entry


losguerra
08-11-2008, 05:05 PM
OK, I can not believe I'm asking this, but I need some sources or documented stories or something.

One of my in-laws is asking for my help finding round-trip plane tickets to Chicago this coming week. She's in her 20s, from Mexico, has held a B1/B2 since childhood, has used it frequently, but here's the thing: Basically for the past 14 years, she lived in Chicago. She exited to Mexico a few times and returned on her visa (I think it was always at the border) with no problem despite the fact that she had overstayed every time. I'm assuming part of reason there was no problem was because she was under 18 all that time. However, her last overstay puts her at 5 years of truly countable unlawful presence, and she just left the US in February of this year. She has no spouse/fiance/whatever in the US. Just some uncles who are LPRs and USCs.

She just wants to come on vacation. She's homesick, I know. She hates Mexico and grew up in the US. But nobody will listen to what a danger it is to attempt this. I am especially concerned because I believe there will be way more scrutiny at the airport than there ever was at the border.

My husband said he gives up. He's tried to explain what can happen and nobody in his family will listen because they think they're all somehow immune to immigration problems no matter what they do. They even think my husband is immune to immigration problems, ugh. They've all re-entered the US after having overstayed visas and think this will continue forever.

Meanwhile, I'm freaking out about possible deportation, and trying to figure out how to decline being the one to go to the airport to pick her up, in case they somehow get MY name on record (what with the new policy at O'Hare of checking the status of those picking up international arrivals). I do NOT need to somehow jeopardize my husband's case with this.

So I'm looking for actual stories. Do you know of any very recent situations where someone (especially a Mexican citizen) was denied entry at an airport for a previous visa overstay?

What do I do to convince her this is a bad idea????

Laura
08-11-2008, 05:08 PM
Wow Amy... that is a crappy situation. I would say she should call you once she passes customs and immigration rather than you go there and wait for her. It's probably not going to be an issue anyway but I would hate to have her wanting you to help her if she is detained. Yikes. I don't know anyone with a recent issue like that but there are people scattered around this forum who are now married to USCs and have to overcomes these expedited removals.

Murillo79
08-11-2008, 05:10 PM
I don't know of a Mexican Citizen. But there was just a Phillipines (Filipano) citizen at O'Hare who just got caught with an overstay. There was also an article on this forum about the situation you just described about them even arresting realtives picking up people at the airport. This is the only information that I know about.

saritaj14
08-11-2008, 05:54 PM
OK, I can not believe I'm asking this, but I need some sources or documented stories or something.

One of my in-laws is asking for my help finding round-trip plane tickets to Chicago this coming week. She's in her 20s, from Mexico, has held a B1/B2 since childhood, has used it frequently, but here's the thing: Basically for the past 14 years, she lived in Chicago. She exited to Mexico a few times and returned on her visa (I think it was always at the border) with no problem despite the fact that she had overstayed every time. I'm assuming part of reason there was no problem was because she was under 18 all that time. However, her last overstay puts her at 5 years of truly countable unlawful presence, and she just left the US in February of this year. She has no spouse/fiance/whatever in the US. Just some uncles who are LPRs and USCs.

She just wants to come on vacation. She's homesick, I know. She hates Mexico and grew up in the US. But nobody will listen to what a danger it is to attempt this. I am especially concerned because I believe there will be way more scrutiny at the airport than there ever was at the border.

My husband said he gives up. He's tried to explain what can happen and nobody in his family will listen because they think they're all somehow immune to immigration problems no matter what they do. They even think my husband is immune to immigration problems, ugh. They've all re-entered the US after having overstayed visas and think this will continue forever.

Meanwhile, I'm freaking out about possible deportation, and trying to figure out how to decline being the one to go to the airport to pick her up, in case they somehow get MY name on record (what with the new policy at O'Hare of checking the status of those picking up international arrivals). I do NOT need to somehow jeopardize my husband's case with this.

So I'm looking for actual stories. Do you know of any very recent situations where someone (especially a Mexican citizen) was denied entry at an airport for a previous visa overstay?

What do I do to convince her this is a bad idea????

So how does that work with O'Hare check the status of people who are arriving internationally? I guess I have not gone there in a few years. Do you show a photo ID or what?

losguerra
08-11-2008, 06:00 PM
Thanks guys. I just talked to her and convinced her to let me take care of the business on this end that she was worried about (some searching for documents and taking care of things with the house they still own here). She still doesn't get it about the danger of coming after an overstay, but she also hasn't flown alone before, so she's OK with postponing this.

I still would be curious about specific stories to pass on, though. I have another in-law (also has a few years of previous overstay that are always overlooked) who comes every December-January just to work in his old retail job and bank away tons of money to take back to Mexico and spend on his girlfriend. Recently he told me he'll be here this December doing the usual, and it occurred to me that HE will probably be here when the baby's born and my husband (THE BABY'S FATHER!!!!) could potentially NOT! So the guy who comes to suck what he can out of my country and then leaves is allowed into the country all the time, and the guy who would give anything to build a future here with his wife and child is inadmissible. That is a thought that just makes my blood boil. Sometimes my in-laws make me so frustrated. And the US immigration system.

End vent.

Sorry.
Edit:
Sarita, it was just in the Tribune last week, it's a new policy. I haven't ever seen this happen, but it seems like they just now started doing it:

http://www.chicagotribune.com/news/chi-ap-il-mexicanconsulate-,0,5490313.story