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VWP Overstay!

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guiottaviano
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Posts: 1
Joined: Tue Jan 20, 2009 12:16 am

VWP Overstay!

Post by guiottaviano » Tue Jan 20, 2009 12:27 am

I currently live in London, as an EU citizen, Italian passport holder. I've been to the US in October 2003 and overstayed by 1 year and a half!
Now I'd like to go back and visit some dear friends. Have I got any chance to be allowed back in? Note that I am also a Brazilian citizen. Do my chances increase if I use my Brazilian passport to gain entry, after applying for a visa? Will they accept a visa application using my Brazilian Passport here in the London Embassy?
Please shed some light. I want to take advantage of the great sales to get a cheap ticket, but don't want to be deported/handcuffed :cry:

Thanks!

G
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lifeart
Newbie
Posts: 49
Joined: Sun Dec 28, 2008 9:57 pm

Post by lifeart » Tue Jan 20, 2009 1:31 am

As you are an EU-citizen living in the UK you do not have a residence permit for the UK, right?
Therefore you would not have a stamp by the UK in your Brazilian passport, correct?
In that case, the US consulate would tell you that you need to apply for a US visa in your home country, which in their eyes (as you are showing them a Brazilian passport without any refernece to your UK right of residence) would be Brazil.
Secondly, if you left the US via air and not the land border, say to Canada, it is likely that they have your name in their data base, no matter what passport you use. Given that, it is likely that you have a 10-year ban on entering the US
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Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Tue Jan 20, 2009 10:29 am

guiottaviano wrote:I currently live in London, as an EU citizen, Italian passport holder. I've been to the US in October 2003 and overstayed by 1 year and a half!
Now I'd like to go back and visit some dear friends. Have I got any chance to be allowed back in? Note that I am also a Brazilian citizen. Do my chances increase if I use my Brazilian passport to gain entry, after applying for a visa? Will they accept a visa application using my Brazilian Passport here in the London Embassy?
Please shed some light. I want to take advantage of the great sales to get a cheap ticket, but don't want to be deported/handcuffed :cry:
If you overstayed by 1 year and a half then you have a 10 year ban. Trying to go with your Brazilian passport will only make things worse. It might be a good idea for you to keep evidence of your stay in the UK (e.g. apply for a UK residence card). You might need it after the ban expires to show you have been outside the US for 10 years.
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