Dear Atty. Gurfinkel:
I have a 10-year multiple B-1/B-2 visa. I entered the US, and was given six months by the Immigration Officer at the airport but overstayed by only a few years.
I would like to take a brief vacation to the Philippines, to visit my family, but I need to get back to the US right away for my job. I was told that if I “back date” or “back stamp” my entry date to the Philippines on my passport, (to cover-up I overstayed), I won’t have any problems. After all, I do have a 10-year visa.
If I go back to the Philippines for a brief vacation, will I encounter any problems when I come back to the US?
Very truly yours,
P.D.
Dear P.D.:
You definitely WILL encounter problems if you overstayed, leave the US and return with back-dated entry stamps to the Philippines. Here are some problems you can face:
Your 10-year multiple visa is already void because you overstayed. Section 222(g) states that if a person overstays his period of authorized stay, even by one day, his existing non-immigrant visa is automatically void. (For a visitor, the “period of authorized stay” is the date stamped on your I-94 by the Immigration Officer when you first arrived or the expiration of any extension.)
You will be subject to the 3/10 year bar. Section 212(a)(9)(B) provides that any person who is out of status between six months and one year, and then departs the US, is barred from returning to the US for 3 years. If a person has been out of status in the United States for over one year, and then departs the US, he is barred from returning for 10 years. In your case, you have been out of status for several years. Therefore, if you depart the US for your brief vacation, you will be subject to the 10-year bar.
Back-stamping or back-dating your passport constitutes fraud, and could result in a lifetime ban. US Immigration Officers at the airport can track, in their computers, a person’s entries and departures from the US, and can detect the fraud, resulting in your immediate airport-to-airport removal from the US In addition, when you check-in at the US airport (for your trip back home), your passport is swiped by the airline’s ticketing agent, and your actual departure date is recorded and sent to D.H.S. So “back-dating” your departure date will be discovered.
In your situation, it would be very dangerous for you to take that brief vacation, as you could be subject to the 3/10 year bar, as well as a lifetime ban to re-enter the US for fraud (for back-dating your entry to the Philippines). Regardless of the reason for your wanting to go home, whether it is because you miss your family, somebody is sick, there is a funeral, etc., you risk being barred for many years, if not forever.
My advice is you consult a reputable attorney, who can analyze your situation, to determine if you have avenues available to enable you to get a green card in the United States.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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