Dualnational Mexican/U.S. Overstay Norway/Greece name change

[Howlovely]

Sorry about the title. I wish to present all facts so if at all possible someone could explain what I could do or what should be done. Thanks in advance for your time and patience.

I used my U.S. passport to go to (JFK to Frankfurt to Oslo) Norway to visit my Norwegian boyfriend who moved back to Oslo. While there I met a Norwegian who said I could work for him and could get me a visa. His business which is well known is now based in Greece (where his company houses their lawyers) so I went to Greece (Oslo to Switzerland to Athens).

Long story short he never filed my paperwork and by the time I found out he didn't file the paperwork. It was too late, his lawyers stated I should go to Turkey for a bit, come back and then they could re-apply for me. (Though it was too late already and we or they didn't know they could have filed an extension >_>) At this time I'm out of money but cannot move anywhere since it's the air traffic control strike/riots throughout Greece (No flights out of Athens basically). When I try to leave (4 days after the deadline for me to get out of Europe) and get nervous so I turn myself in to the police. They give me the blue paper with the 1,200 euro fine, written in Greek, Stamped my passport and sent me on my way. (I only had enough money to get a flight out - and my U.S. embassy encouraged me to leave Greece then rather than try to wait for my family to send me money for my fine)

The Police told me I could pay my fine at the local Greek consulate/embassy in U.S. First week home I go there and sure enough, I cannot. They have NO IDEA what to do with my money and paper so they send me home and take my number. A week later they call me to notify me that I have to pay IN Athens. Which means I have to go back.

I contacted the police myself from the U.S. and they told me once I pay they will let me enter Europe but knowing that from JFK I usually have one or two stops in Europe before I hit the "destination" I contacted the police in Germany too. The German police said if I explained my situation and showed them I have the money to pay they would grant me access to Athens.

Now, I'm 25 and a bit personal but my step-father adopted me this year(my state allows adult adoptions.) This means my name has been changed and I have also become a Mexican citizen/I have a new U.S. passport (My step-dad is a Mexican citizen). I contacted SIS but am waiting for a response. (I contacted both their Greek and Belgium offices)

1. That being said, how hard will it be now to pay my fine (with two passports and a new name?)
2. Will Norway (let me in after I pay my fine?)
3. Should I contact the Norwegian SIS office?
4. Will they mark my Mexican passport as well?
5. Do I tell SIS to change the name in their systems?

Thank you so much for your time.


EDIT TL;DR:
I over-stayed in greece and didn't pay the fine. Since my over stay I have changed my name and added a new passport (now a dual citizen) to my arsenal.

When I go to pay my fine will they do something with my new passport (the new citizenship)? Will countries like Norway/Iceland have problems with me coming into their country?
Thank you so much!

[Howlovely]

no one?

[Directive/2004/38/EC]

This all feels too complex. I am not clear what you really want to achieve...

Are you going to return to Europe to pay the fine and then fly home to the US?

What is SIS?

What does Norway have to do with anything at this point?

[Howlovely]

This all feels too complex. I am not clear what you really want to achieve...

Are you going to return to Europe to pay the fine and then fly home to the US?

What is SIS?

What does Norway have to do with anything at this point?

thanks for the response, my boyfriend lives in Norway so I have to go back to visit so I would like to know what their policies are (since it seems that they use SIS too? I wrote below what SIS is) regarding my situation, i.e. over-staying but having paid the fine which will be paid when I go to Athens this fall.

I hope to fly to Athens, pay my fine and go to Oslo (From Athens).

SIS is schengen information systems, its the database which holds all information on those who over stay, are missing, etc. You can contact them to ask if your name is in the system, which I have but have not heard back. Apparently you can even have them remove your name also but again I have not heard back yet so I wont know what is going on with all that. They store your passport number, birthdate, physical characteristics and known alias. Thanks again for your time.

http://en.wikipedia.org/wiki/Schengen_I ... ion_System

[Howlovely]

I'm sorry for over sharing or writing too much, I just didn't want to accidentally leave out information that may be critical to helping me. Thanks so much for your time.

I tried to look up online what do you do when you have over-stayed and have changed your name but it seems no one has talked about it. Because I don't know what they do when you pay your fine. Do they stamp it in your passport and/or write something in a computer? I don't know and with my different name I feel it might complicate things?

[alekos]

Can you pay the fine with a bank transfer?

[eldane]

You better find out first of all if you are registered in the SIS. As far as I know if you are registered you won't be removed until a 3 year period has elapsed.

I have never heard one can be fined to avoid being registered in SIS.

If you are registered in SIS why would you pay the fine? I would not think paying the fine will take you off the SIS register of baned persons.

Unless, this is Grece' new method of paying it's fiscal mango I do not see how this works. You better get written confirmation that

• You are not on SIS list of baned people

• If you pay the fine that you will be removed from the list of baned people instantly

All the above said, perhaps you should seek to redress section 3 "Where the decision to issue an alert is taken by an administrative authority, the third country national shall have the right to a review by or an appeal to a judicial authority"


Grounds for an SIS listing
The effect of listing a person in the current SIS, or the future SIS II, is that a person will be banned in principle from entering or remaining in any Schengen State. This is enforced by checking the SIS whenever a thirdcountry national (non-EU national) applies for a ‘Schengen visa’ to enter the Schengen States, and generally when such persons cross the external Schengen borders or apply for a long-term visa or residence permit (see in particular Articles 5, 15 and 25 of the Schengen Convention).

So a listing on the Schengen immigration ‘blacklist’ in principle prevents travel to or residence in any of the Member States except the UK and Ireland, once the new Member States apply the Schengen rules in full, plus Norway, Iceland and (in future) Switzerland.

The current criteria for listing a person on the Schengen blacklist are set out in Article 96 of the Schengen Convention, which reads as follows:
1) Member States shall issue alerts in respect of third country nationals for the purpose of refusing entry into the territory of the Member States on the basis of a decision defining the period of refusal of entry taken by the competent administrative or judicial authorities, in the following cases:
a) if the presence of the third country national in the territory of a Member State represents a serious threat to public policy or public security of any Member State based on an individual assessment, in particular if:
i) the third country national has been sentenced to a penalty involving deprivation of liberty of at least one year following a conviction of offence referred to in Article 2 (2) of Council Framework Decision 2002/584/JHA1on the European arrest warrant and the surrender
ii) procedures between Member States;
iii) (ii) the third country national is the object of a restrictive measure intended to prevent entry into or transit through the territory of Member States, taken in accordance with Article 15 of the EU Treaty.
b) if the third country national is the subject of a re-entry ban in application of a return decision or removal order taken in accordance with Directive 2005/XX/EC[on Return]2.

2. Member States shall issue the alerts referred to in paragraph 1 in accordance with Article 25 (2) of the Schengen Convention and without prejudice to any provision which may be more favourable for the third country national laid down in:
a) Council Directive 2003/86/EC on the right to family reunification3;
b) Council Directive 2003/109/EC concerning the status of third country nationals who are long-term residents4;
c) Council Directive 2004/81/EC on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities5;
d) Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted6;
e) Council Directive 2004/114/EC on the conditions of admission of third country nationals for the purpose of studies, pupil exchange,´unremunerated training or voluntary service7;
f) Council Directive 2005/XX/EC on a specific procedure for admitting third-country nationals for purposes of scientific research8.

3. Where the decision to issue an alert is taken by an administrative authority, the third country national shall have the right to a review by or an appeal to a judicial authority.

Eldanes

[Directive/2004/38/EC]

If you travel on legitimate passport which has your new name on it, I suspect you will have no problem. Then all that matches is the DOB and your first name. But there is no guarantee!

Do you even know you have a ban on entering Europe? And if it is in fact just a fine, then you could always pay when you get to the place that can accept the payment.

[republique]

It doesn't sound right. You were told to pay the fine, at the consulate. They didn't know what you were talking about. I suspect if you had a fine levied, it can only be collected at the Greek border and no other country is going to be alerted to it because I don't see any country paying the other what it collected. The fined you, they didn't ban you unless you have some mark in your former passport, I don't see how any schengen country is going to get involved.

[Howlovely]

If you travel on legitimate passport which has your new name on it, I suspect you will have no problem. Then all that matches is the DOB and your first name. But there is no guarantee!

Do you even know you have a ban on entering Europe? And if it is in fact just a fine, then you could always pay when you get to the place that can accept the payment.

I have no idea if I am banned and I no one wrote me back to let me know if I was on some list. Where could I find out? I contacted UDI (norwegian immigration) they asked for my DOB, Name (i gave the old one), citizenship and SS number. I am still waiting.

[Howlovely]

It doesn't sound right. You were told to pay the fine, at the consulate. They didn't know what you were talking about. I suspect if you had a fine levied, it can only be collected at the Greek border and no other country is going to be alerted to it because I don't see any country paying the other what it collected. The fined you, they didn't ban you unless you have some mark in your former passport, I don't see how any schengen country is going to get involved.

Sorry for the delay! If you wish I could copy the blue paper with the fine on it or snap a picture of it. Thing is on my old passport there is a mark on it. Well it says in greek, 'over stayed' with a red stamp and then under the man wrote in blue pen, '46442 -1,200 euros. the guy wrote that after I could not pay IN Greece and then said I could pay in the U.S.

[Howlovely]

Can you pay the fine with a bank transfer?

I will call tonight, morning in Greece, and find out!

[Howlovely]

You better find out first of all if you are registered in the SIS. As far as I know if you are registered you won't be removed until a 3 year period has elapsed.

I have never heard one can be fined to avoid being registered in SIS.

If you are registered in SIS why would you pay the fine? I would not think paying the fine will take you off the SIS register of baned persons.

Unless, this is Grece' new method of paying it's fiscal mango I do not see how this works. You better get written confirmation that

• You are not on SIS list of baned people

• If you pay the fine that you will be removed from the list of baned people instantly

All the above said, perhaps you should seek to redress section 3 "Where the decision to issue an alert is taken by an administrative authority, the third country national shall have the right to a review by or an appeal to a judicial authority"


Grounds for an SIS listing
The effect of listing a person in the current SIS, or the future SIS II, is that a person will be banned in principle from entering or remaining in any Schengen State. This is enforced by checking the SIS whenever a thirdcountry national (non-EU national) applies for a ‘Schengen visa’ to enter the Schengen States, and generally when such persons cross the external Schengen borders or apply for a long-term visa or residence permit (see in particular Articles 5, 15 and 25 of the Schengen Convention).

So a listing on the Schengen immigration ‘blacklist’ in principle prevents travel to or residence in any of the Member States except the UK and Ireland, once the new Member States apply the Schengen rules in full, plus Norway, Iceland and (in future) Switzerland.

The current criteria for listing a person on the Schengen blacklist are set out in Article 96 of the Schengen Convention, which reads as follows:
1) Member States shall issue alerts in respect of third country nationals for the purpose of refusing entry into the territory of the Member States on the basis of a decision defining the period of refusal of entry taken by the competent administrative or judicial authorities, in the following cases:
a) if the presence of the third country national in the territory of a Member State represents a serious threat to public policy or public security of any Member State based on an individual assessment, in particular if:
i) the third country national has been sentenced to a penalty involving deprivation of liberty of at least one year following a conviction of offence referred to in Article 2 (2) of Council Framework Decision 2002/584/JHA1on the European arrest warrant and the surrender
ii) procedures between Member States;
iii) (ii) the third country national is the object of a restrictive measure intended to prevent entry into or transit through the territory of Member States, taken in accordance with Article 15 of the EU Treaty.
b) if the third country national is the subject of a re-entry ban in application of a return decision or removal order taken in accordance with Directive 2005/XX/EC[on Return]2.

2. Member States shall issue the alerts referred to in paragraph 1 in accordance with Article 25 (2) of the Schengen Convention and without prejudice to any provision which may be more favourable for the third country national laid down in:
a) Council Directive 2003/86/EC on the right to family reunification3;
b) Council Directive 2003/109/EC concerning the status of third country nationals who are long-term residents4;
c) Council Directive 2004/81/EC on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities5;
d) Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted6;
e) Council Directive 2004/114/EC on the conditions of admission of third country nationals for the purpose of studies, pupil exchange,´unremunerated training or voluntary service7;
f) Council Directive 2005/XX/EC on a specific procedure for admitting third-country nationals for purposes of scientific research8.

3. Where the decision to issue an alert is taken by an administrative authority, the third country national shall have the right to a review by or an appeal to a judicial authority.

Eldanes

Thank you for all of this, I have to admit the language is a bit heavy for me. I will re-read again to fully understand.