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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109324
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I traveled to us in 99 and returned to uk in 02 overstayed

Customer Question

I traveled to us in 99 and returned to uk in 02 overstayed my visa . I then tried to travel a couple of days ago and was refused entry st jfk
JA: The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No I am a British citizen what would have to do
JA: Please tell me everything you can about this issue so the Immigration Lawyer can help you best. OK. The Immigration Lawyer will need to help you with this. Is there anything else the Immigration Lawyer should be aware of?
Customer: I also was arrested for theft in 2001 bur was convicted , I presently work as a project officer _ housing ar various uk councils
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

You tried to use an ESTA Visa Waiver after you overstayed for 3 years? And you were or you were not convicted of theft? What was the sentence?

Customer: replied 1 year ago.
I haven't been back to the states since 2002 and no I spent 30 days in jail for failure to attend . I didn't have a need to return to the states as I started a career here in England
Customer: replied 1 year ago.
As for estate I mistakenly did it on my phone and clicked the no icon by mistake
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

But you tried to use an ESTA Visa Waiver? Or you used a B-2?

Customer: replied 1 year ago.
Esta waiver
Customer: replied 1 year ago.
I was refused entry on the 21st of May 2016, I would really like some advice on what to do next, do I apply for visa ?
I also wanted to know what the limitations as I haven't travel to the states since 2002
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

That was the problem. Once you overstayed even a day, you were not supposed to use the ESTA and the same if you had a conviction for a crime involving moral turpitude.

If you want to visit the U.S. again, you will need to apply for a B-2 tourist visa. You would have to file for a B-2 visa which can be found here:

http://travel.state.gov/content/visas/english/visit/visitor.html

Because of the crime involving moral turpitude and possibly if they gave you a 5 year bar to entry after you tried recently, you may need a 212(d)(3) waiver which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link):

https://fam.state.gov/searchapps/viewer?format=html&query=212(d)(3)&links=212,D,3&url=/FAM/09FAM/09FAM030503.html#M305_3_3_A

You can find more information here:

http://www.ilw.com/articles/2003,0930-labrie.shtm

IF the maximum time for the crime that you were charged with was 1 year or less AND the sentence was 6 months or less (no time in jail is less than 6 months), then you may fit into the petty offense exception and may be able to avoid a waiver. BUT, if they gave you a 5 year bar on May 21, 2016, then for the next 5 years, you will need a waiver.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 1 year ago.
I wasn't advises about any ban to the states and how I go about finding that out .The overstay and offence are over 14/15 years ago . I have no intention of staying in the states . In the uk the statue of limitation is 5 years, why would I have to band if I have never been back.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Because there is no statute of limitations when it comes to immigration inadmissibility. You would look at the paperwork that you were given when you were sent back home to see if it says anything about an exclusion or 5 year ban or if you were allowed to withdraw your request for entry. If you were allowed to withdraw, then apply for a B-2 visa normally. If the 5 year penalty does exist, then you will need to ask for a waiver at the B-2 visa interview.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!