Overstay & school

[LinaBun]

So there is a 3/10 yr ban on your passport when you leave the country if you have overstayed.

If a passport is stamped with this (horrid) mark upon departing is it possible to come back on another passport before the 3/10yr ban is over? Can you be linked on 2 pports especially if the person entered the country before the introduction of fingerprinting?

Example scenario: Someone completed a bachelors degree then went out of status and now wants to enroll in a masters program. They have to leave the country to apply for another visa but because they would get banned on their current passport can they still use another (legal) passport to get the student visa and come back?

[SYH]

As you know the mark in your passport doesn't mean your passport is banned. You are banned. Can you squeeze by with a different passport? anything is possible but is it worth it? once you get in, you better not leave during the program for just in case they put two and two together. And then what. To what end? Where are you going with this? Do you ever plan to come to the UK, settlement purposes. You will never get back in the HO's good graces at this rate.

[yankeegirl]

I think it's highly unlikely a scenario like that would work. The PERSON gets banned; they now do things like take fingerprints and such when you leave the US and even if you try to use a different passport chances are your info, fingerprints or what have you will raise red flags.

SYH, what does the UK Home Office have to do with someone overstaying and wanting to return to the United States?

[Marco 72]

The person should consult a lawyer ASAP. Being out of status and being illegally resident are two different things. It could be that there is no danger of a ban.

[LinaBun]

Aside from coming back to further studies, what if the person also has family members that are US citizens?

Its so unfair how a family can be seperated. I believe you have to be out of the country to apply for a green card based on family sponsorship. But at the same time if the person in question is out of status how can they apply for a green card if when they leave the country they are banned??? A Catch 22 in its best form. If it can take up to 11 years for someone to be granted a greencard. (depending on what they call 'your preference' i.e sibling, wife, etc), does that mean if you are banned for 10 years it could take a total of up to 21 years to be admitted back????!!!!

???