anybody in this situation knows???

[efrenirvana]

Bora

[Marco 72]

My wife overstaed in USA for one year then she move out to her country trough Mexico so she did not check out is been about 2 year since and she still has the form to check out atached to her pasport, we know by the US web site that she should send back this form with proof or evidence of when she when out of the country....

my question is in case that she wants some day to go back as a turist what would be the best thing to do ???? it will be impossible for her to go back some day???

any ideas will be apreciated

Since she overstayed for more than one year, she is subject to a 10 year ban. It's up to her to prove that she left the US two years ago. If she manages to convince the US authorities that she has been living outside the US for two years, then her ban should be over 8 years from now. Otherwise it will be at least 10 years until she is able to return to the US. Even then, she will have to apply for a tourist visa rather than use the VWP.

[Administrator]

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My wife overstaed in USA for one year

Was it MORE than twelve months? Then there is an automatic ten-year ban. Her rights to appeal are very restricted, and she needed to do that at the time she was ordered to leave. Two years later is Not Good.

she still has the form to check out atached to her pasport, we know by the US web site that she should send back this form with proof or evidence of when she when out of the country....

Unfortunately, that form was also for her protection. Not sending it in is quite serious. The obligation is now hers to prove, with evidence, when she left. As Marco said, IF she can PROVE on what date she left, THEN the ten years can start from that date.

Now, in addition, the situation is more complex.

Waiting two years to begin these actions means that immigration will not be very friendly in the future. This is only to say that any future attempts at entry by her will be very carefully examined, and her chances to be denied entry have been increased. A lot.

the Admin

[efrenirvana]

Bora

[Marco 72]

Thank you very much guys i think wi will send it anyway althoug is very hard but who knows...she says that she never wants to come back over there but we have some friend that i would like to visit with her some day so will try,, im not even sure how we will proof that she left in that time i think the stamp in her pasport from mexico should be enough....

The stamp would probably be enough, but I would make sure that she has a stamp in her passport. I didn't get one when I travelled from the US to Mexico in 1994. At that time people who walked through the border into Mexico didn't go through passport control on either side. I don't know what the situation is like now.

Also, as Administrator wrote, the ban is only a ten year ban if she overstayed for more than a calendar year. Anything less, and it should be a three year ban only.