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Global Entry with Previously Overstayed Visa

By cjamst in Working & Traveling During US Immigration

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cjamst Newbie

cjamst   0

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I have a question for anyone who has overstayed their visa in the past before marriage, and later applied for Global Entry as either a citizen or green card holder.  I went to fill out my wife's Global Entry application, and came across a question at the end which says  "Have you ever been found in violation of immigration laws?"

 

My wife came to the US legally, but overstayed her visa before she married me.  She has been a green card holder for 2-3 years now.  I'm trying to figure out if the question is asking:

A: Did you ever violate immigration laws (such as overstaying a visa) OR

B: Have you ever been CAUGHT violating immigration laws, and gotten in trouble for it

 

Obviously, I want to be honest answering the question, as I know it is followed by a FBI background check and then reviewed by an immigration officer, who has access to all information on her record.  However, I also don't want to automatically disqualify her and say she violated if she never got in trouble for it, and if that's what they really are asking.   Can anyone help me?  Thanks!

Just Paul Veteran

Just Paul   4,595

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Filed: Citizen (apr) Country: Philippines
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36 minutes ago, cjamst said:

Did you ever violate immigration laws (such as overstaying a visa)

The answer is YES.

 

37 minutes ago, cjamst said:

I also don't want to automatically disqualify her and say she violated if she never got in trouble for it

There is a record of the overstay.

 

In the Global Entry vetting process, the length of time since the offense and the severity will be taken into consideration.

 

Like in immigration answer everything truthfully.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Boiler Grand Master

Boiler   45,729

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Filed: K-1 Visa Country: Wales
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A is yes obviously, B do not know but presume she does.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Brother Hesekiel Mentor

Brother Hesekiel   2,236

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Sure.
In fact, the violation of US immigration laws was documented at the AoS stage. So if you want to answer truthfully, which might be a good idea for a Green Card holder, YES is the correct answer.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

cjamst Newbie

cjamst   0

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Thanks everyone!  Of course I want to be honest, I just wanted to make sure I correctly understood the question.  Does anyone know of someone with a previously overstayed visa (now greencard holder or citizen) who has been approved for Global Entry?  

  • 3 years later...
 
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