Citizen or not when asked by cbp etc?

Hi, not sure if im posting this in the right place or right website but you may be able to point me in the right direction...

I came to the u.s on a tourist visa under waiver programme (spain) and have overstayed by nearly a yr.

I have read you shouldn't lie and say you are american but seems to work on youtube videos i watched, anyway what will i benefit from saying im from spain? Wont they just detain me and deport?

Or does having a valid passport stop them for asking my status? Can they tell on my passport ive overstayed and not on holiday?

Im scared to take bus or train.. soon they will be stopping in street!

Any help would be great! Thanks

This was discussed recently on another thread. Having watched myself one of the Youtube videos you mention, pretty much if the immigration officer senses a foreign accent when you answer anything from him, including claiming American citizenship, he'll be suspicious and ask you for documentation. If you can't then prove you're a US citizen, then, yes, chances are you'll be detained, deported, and then receive the lifetime bar from re-entry into the country.

It's very risky. The people who have claimed to be US citizens, even though they're not, on trains like that are most likely people who grew up in the US, and don't have a foreign accent at all. But if they're caught, they too can be deported and barred from re-entry.

So no -- the logical advise is to never, ever claim you're a US citizen to anyone and on anything.

Then, if you say the truth, and say you're from Spain, then you need to able to provide a valid visa.

Weigh in the risks, and decide for yourself whether your situation warrants it or not.

Still, I still would advise you not to do it.

Thanks for the quick reply, do you think i have a chance of not being detained if i say im here on visa waiver then? Seems best to be honest your right but im in arizona and had a few near misses recently!

There are two issues that are being brought up here.

1.Lying to an immigration officer

2.False claim to US citizenship.

It is up to you,but clearly the repercussions far outweigh the benefit of saying something you're not.If caught it is a permanent bar to immigration benefits with no waiver available.Since you've also overstayed through VWP you're also not eligible to use it anymore for life but might be able to adjust through an immediate relative depending on age and their permanent status.You should google some cases for further recourse.

I don't think there exists a way for a US citizen to prove their citizenship on the spot.

Carrying your birth certificate or US passport with you is one of the most irrational things a person can do, considering the legal importance of these documents, and the numerous problems that may arise if one happens to lose them. Ultimately, it is as Nick said, you will have to weigh the risks yourself, but to be honest with you, I personally don't know how I would react if I were to encounter a CBP agent on a bus or train. I may try to be rational about it now, but ultimately I would act on instinct depending on the general feel of the situation.

If you say that you're not a US citizen, they will for sure 100% have to confirm that you're in this country legally before they let you go. Meaning, if you admit to not being a citizen, you will be deported. I' m almost sure of that.

Everyone here has already mentioned the problems with claiming citizenship. It's up to you to weigh the pros and cons.

Thanks for all your feedback, can't see anything on Google about personal stories from ppl who have been stopped but I think I'll just say I'm here on holiday and still within the 90 days..