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Is there or isn't there jail time for overstaying a US tourist visa?

Ok here's the situation. My cousin married this bloke who only recently admitted to being imprisoned in the US. His reason - he overstayed his visitor's visa. I always thought that was a bit suspicious and we're really thinking he's hiding something much more serious...

My question is, is it possible to be imprisoned for a British citizen to go to jail for simply overstaying a visa?! All my research says you just get banned from ever coming to the US again. I even read about a guy who's overstayed by 15 years!

If he is lying... does the US have a system where you can look up ex-prisoners and the crimes they committed?

7 Answers

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  • 1 decade ago
    Favorite Answer

    definitely a lie...you dont get thrown in jail for that unless there is other charges against you...go to your local police office and get the info on him

  • XYZ
    Lv 5
    1 decade ago

    I think you have a good reason to be worried, I am really sorry. For overstaying a tourist visa, you cannot get jail sentence like that. There are agencies specialized to take care of such issues (ICE) and they do not put people in jails even if they are illegals. If you overstay your visa, you cannot return to the States once you leave because you will get a 10-year ban. Otherwise, if it turns out that he overstayed his visa, he gets deported immediately so it's not that the U.S. government will keep him in a U.S. jail...he needs to go back to his country as soon as possible. That's their policy.

    I am very sure that there is a way to look up his criminal record. This is absolutely possible. For example your cousin (since she is the wife) could ask for such data. Turn to the police because it seems like this case has nothing to do with illegal immigration. I am 100% sure he can't get jail sentence simply because he is an illegal immigrant. It might happen that some people are put in jail before they get deported but then he will get deported as soon as possible so it does not seem like this case would be about deportation. He must have done something serious (committed a crime).

  • 1 decade ago

    He could have been detained in Immigration Detainment Center, if the reason was overstaying the visa. It is more likely that he was given the court date, which he probably skipped out and didn't show up.

    It is possible to detain foreigner, not imprisoned according to the Immigration Court's term, on the base of breaking the immigration law.

  • Anonymous
    1 decade ago

    how long was he in jail for? An individual could very well be detained for overstaying until the person is deported and I guess this would sort of qualify as being in prisoned. If the person was appealing the basis of deportation then they would be detained until the powers to be decided what action to take. But generally your rights are wavered as a tourist and he would have been subject to plain simple instant deportation and black listed for return for a period of time. so I reckon he was probably in jail for something else.

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  • 1 decade ago

    If he committed a misdemeanor (small crime) he may have done jail time if he was also an overstayer. Do you know if it was federal or state prison? If he was in a federal jail it's serious. State can be, but it also covers smaller things. I'm afraid that he did not go to jail just for overstaying though.

  • Anonymous
    1 decade ago

    The story sounds a bit fishy to me. Try doing a google on his name and see if anything turns up. Do you know what state, city and country he last resided in? You could check the records from their on line sites if you do. Check the site below. It is a national registry for sex offenders.

    I wish you the best in your obtaining the truth.

    http://www.familywatchdog.us/

  • Anonymous
    1 decade ago

    no, but most likely you will be denied a visa next time you wish to visit

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