Re entry into USA after 10 year ban expires.??

[Simon says hi 0]

Hi can anyone give me some good advice. I'm a British citizen and I lived in the USA for about 13 years after I got married and we didn't finish filing all the forms to change my status. In September of 2010 I was deported and told I cannot re enter for 10 years. I waited for the ban to run out as I need to return to empty out my storage that I've been paying for since I was deported, as all my property was put into that storage by my friends. That ban expired nearly 2 years ago, yet when I filled out my ESTA application I was denied entry under the visa wavier program. I only want to fly back for a couple of weeks to clear out and ship my property back to the UK. which visa do I apply for? I won't be working, I just want to clear out my storage locker that I've been paying rent on for nearly 12 years. 

 

thanks

[Dashinka 24,649]

You will need to apply for a B2 visitor visa.

 

Good Luck!

[jan22 3,056]

With an overstay -- especially one that long! -- you will never qualify for entry under the Visa Waiver Program (i.e., ESTA) again.  You will always need a visitor visa (B2) to enter the US.  Currently, the wait time for a vIsa interview appointment in London is 130 days.  However, I would not get my hopes too high about the chances of being approved for a visa, if I were you.  An overstay of more than 10 years and a deportation will not be looked upon kindly by the consular officer.  And, if there was a reason for the deportation other than the overstay (it's highly unusual for the spouse of a US citizen to be deported just for overstaying), that will also be taken into account.

 

If you just want to ship your property back to the UK, your friends could have done that instead of 12 years of storage fees.  That will not be a compelling reason to use with the interviewing officer to get approved, IMO,

[Rocio0010 5,580]

Easier, cheaper, and less heart break involved if you just ask your friends to dismantle and ship

[Marieke H 2,520]

With an overstay of 13 years and a deportation, it will be very challenging to get a B-2 visa. You can try, but you will have to show very strong evidence that you plan to return to the UK after your visit to the US. Having a stable job to return to, a house, a partner, etc, would improve your chances. You will have to try to convince the interviewing officer that you are not planning to overstay again. You will likely be asked about the overstay during your visa interview. Be prepared to explain why you "didn't finish filing all the forms" for 13(!) years.

 

I agree that the easier thing to do would be to ask your friends to take care of shipping your belongings.

[millefleur 5,047]

Apply for a B, it only costs $160 to try.

 

I'm not sure the "clean out storage locker" is going to be a convincing reason. Also, if you are still married to a USC, that will also be stacked against you. It doesn't hurt to try but I don't see the odds being in your favor.

[Mike E 11,741]

Storage locker for 12 years?
 

Were you a high school chemistry teacher by any chance?

Edited April 20, 2022 by Mike E

[Crazy Cat 41,985]

1 hour ago, Simon says hi said:

yet when I filled out my ESTA application I was denied entry under the visa wavier program.

When a person overstays, their ESTA is gone....forever.  You need a B2. 

[dwheels76 5,468]

2 hours ago, Simon says hi said:

Hi can anyone give me some good advice. I'm a British citizen and I lived in the USA for about 13 years after I got married and we didn't finish filing all the forms to change my status. In September of 2010 I was deported and told I cannot re enter for 10 years. I waited for the ban to run out as I need to return to empty out my storage that I've been paying for since I was deported, as all my property was put into that storage by my friends. That ban expired nearly 2 years ago, yet when I filled out my ESTA application I was denied entry under the visa wavier program. I only want to fly back for a couple of weeks to clear out and ship my property back to the UK. which visa do I apply for? I won't be working, I just want to clear out my storage locker that I've been paying rent on for nearly 12 years. 

 

thanks

You wouldn't qualify for ESTA. You would need to try for a B1/B2 visitor Visa.

[nastra30 2,298]

Are you still married to the USC? If so, your USC citizen spouse should be able to (go) ship out your stuff for you or ? And also they can re-petition you if getting back to USA is really what you want (and deportation was solely based on overstay).

[Crazy Cat 41,985]

13 hours ago, Simon says hi said:

I was deported and told I cannot re enter for 10 years.

Why were you deported, and who caught you?  

[JeanneAdil 6,583]

16 hours ago, Rocio0010 said:

Easier, cheaper, and less heart break involved if you just ask your friends to dismantle and ship

my thoughts too 

i would have had them ship them long ago

leaving property in the US would indicate u intended to return to the CO when u interview for a B2 visa

[Daisy.Chain 317]

Are you currently married to a US citizen?

[Downloader 199]

I deduct that by having friends taking care or his personal belongings the USC spouse is long gone out of the picture. Also, the deportation details can change the outcome of a visa interview. The OP should provide more details if he is willing to.

[Crazy Cat 41,985]

7 minutes ago, Downloader said:

Also, the deportation details can change the outcome of a visa interview.

Agree.  And an overstay, itself, will trigger multiple events such as an immediate revocation the existing B2 visa, immediate and permanent loss of ESTA benefits, and an immediate ban upon departure from the US if the person overstayed more than 6 months.