Why some successfully reenter the US after overstaying
 

ever heard of it?

if u search Google, u'll read about people who came to the US legally either as student or tourist, then overstayed in the US, then left(no deportation or any other trigger) by their own accord. Sometime later they try re-entering the US and strangely they were able to...why?

others are stopped and turned away triggering the 10yr ban

so what special circumstances were those individuals in to not have triggered the ban? and these people actually returned to the US after the law for the ban came into effect

why? and how is it possible?

Re: Why some successfully reenter the US after overstaying
 

Because US immigration system is broken.
Some people who entered here before 9/11 would have better luck probably.

Because they didn't scan their fingers or eyes.

Re: Why some successfully reenter the US after overstaying
 

If an F1 student visa holder overstays, the visa holder becomes out-of-status. But the "illegal presence" doesn't start to accrue until an immigration judge declares that the visa holder is out of status. It's because F1 I-94s do not contain a specific expiration date. Instead, a D/S or "Duration of Status" is issued on the I-94 at the POE. So technically, a person can enter as an F1 student, then drop out of school, overstay for a decade and still not accrue a single day of unlawful presence. If that person leaves voluntarily, it is technically possible to obtain another visa and reenter legally. Obtaining a new visa would be nearly impossible because the visa officer would know that the applicant violated the terms of his or her previous visa. But it may not be impossible.


Source:

http://www.visapro.com/Immigration-A...s/?a=1484&z=46

Re: Why some successfully reenter the US after overstaying
 

This is true, i have a friend who came here in the late 90s. He went back to his native country in 2005 and came back in 2008 with a student visa.

Re: Why some successfully reenter the US after overstaying
 

Some lie about their details on not overstaying as well.However,the issue with that is if someone had ever lied and USCIS finds out at a later date you can certainly loose any documentation you have,including US citizenship.

Re: Why some successfully reenter the US after overstaying
 

I know of some people who have multiple passports from their home country. Lets face it money can buy anything back home. If they leave on one passport, they have come back on another one.
Obviously that's no longer possible or as easy since they started taking finger prints upon arrival.

Re: Why some successfully reenter the US after overstaying
 

Look, USCIS and immigration in general is stupid. You guys give them way too much credit. They are lazy bureacrats who couldn't get into the FBI likely or wanted to be desk jockeys their whole life.

Think about it: if they were good at their jobs, would any of you be here on this forum right now?

Its simple 1) By federal law, NO ONE can access your education records without your consent. So if you say they don't exist in the US, they don't exist. They don't know what year you left

2) If you entered without inspection, there really is no record of you in the country unless you made police contact (which they can access) or you have outstanding bills.

3) In many countries (I know its possible in Mexico) you can bring your US transcripts to the right school and bribe the guy and have him say you went to school there. Then make it look like you were in that country all along and apply for the visa.

Re: Why some successfully reenter the US after overstaying
 

This is ending now as everyone who has contact with the federal governement (DHS, USCIS, and even police) will have a temporary investigative file opened. If you are put in proceedings, then you obviously will have a full identity file with biometics. For those of you who don't know yet, the U.S. is planning a hybrid of REAL ID and E-Verify which will verify authorized status mainly by biometrics, especifically, facial recognition.

The reason identity fraud is prevalent is because anyone with enough intent and monetary means can steal someone else's name and dob, but you cannot steal their face. Therefore, once electronic identity files are created and everyone's picture is scanned along with other biometrics, good luck to the one idiot enough to try this. WA state already has a sort of safeguard in place of this, as all state issued identification has a double facial feature. The state recently ran through its DMV database by scanning for duplicate faces. They found hundreds of people using different identities and once they had their faces on each; federal authorities were able to target them for prosecution.

As far as other countries, Mexico and Canada participate in the U.S. exit verification program now being implemented. Even if you've never been encountered by DHS before, once this program is fully established, they will know that you were here when you depart the U.S.

Re: Why some successfully reenter the US after overstaying
 

No they don't. I know a bunch of people who used to cross the Progresso bridge to get cheap dental work or cosmetic surgery/perscription drugs on the Mexico side. They told me they just walk across, and the girl doesn't even look at your passport. She sits there reading a paper and waives at you. Now if you fly in, that's a different story.

Re: Why some successfully reenter the US after overstaying
 

I know someone who perhaps fit the bill..

she came to US as student in the 90s, never finger printed or anything, stayed till last year and left. She did go back to her home country once but again that was like in 90s. Her passport was already expired when she left last year. Now if she got a new passport, and say get a tourist visa, her chances of reentry seems quite good.

what do you guys think?