QUESTION: Hi, i'm italian and i went to the US on visa waiver program on oct2003 and overstayed til oct2005, when i left US, i've done it thru the mexican border by car, doing so i didn't leave any record of my departure, my question is : Can i come back under vwp again normaly?, would the officer at the port of entry see that i overstayed?, if i try to come back thru the canadian border as tourist by car would be easyer? thanks in advance, bye!
ANSWER: Because of your overstay you are subject to a 10 year bar. If they know about it you will not be allowed in. If they do not know about but they ask you questions, you will either be forced to lie and hope they do not know or tell the truth and they will bar you.
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QUESTION: thanks for answering Mr.Robert, but still not clear to me due the fact that i've left the US going thru the mexican border and they don't know when i've left, they don't have how to calculate the time i've spent in US, this leads me to think my name will be clear at the time i return, am i correct? i didn't get any stamps on my passport when i left and i didn't return my I-94 that stills in my hands. thanks again Mr. Robert
Your question presents me with an ethical dilemma. I can not advise you to hide information or lie to the officer who may ask you questions when you come in. Though they may not know about it, they may choose to ask you questions when you come in and put you in a situation to tell the truth and be barred or lie and hope they do not catch it.