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Schengen Overstay

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I'd love some advice and insight from some other seasoned travelers on a situation that just happened. Here's the summary and all input is welcome.

I arrived in Germany back in September, went to Poland after a few weeks and stayed with my Polish girlfriend there for the remainder of my 90 days on the tourist visa. I knew the US and Poland had a bilateral trade agreement that allowed US citizens to leave and reenter every 90 days and stay within Poland without having to get a formal visa because I had done that about 5 years ago. Before coming to Europe I verified with the Polish Embassy and our embassy in Warsaw that the agreement was still in place and that it was still possible to do what I'd done before.

So, in November I crossed into Ostrava before the first 90 on the Schengen tourist expired, came back to Poland and stayed a couple more months and was getting ready to apply for a residence permit as we had decided to make things between us wedding bells permanent.

During a random conversation with another expat there just a few weeks ago, I was informed that the treaty had been changed and Americans now needed to leave Schengen every 90 days and that simply crossing into Germany, CR, or Slovakia no longer qualified.

Immediately after hearing this I contacted the immigration office via email, the Polish Embassy in the US (it was after hours in Warsaw and I wanted an immediate answer), and an immigration attorney there to verify what the current rules were and to make sure I was straight with the law. I made no effort to hide or run, used my real name, and was straightforward. I have an email chain a mile long on this, including the original emails I'd sent/received before I arrived in Europe.

They confirmed the treaty had been modified and that I was now officially an "illegal immigrant" and would have to leave as my November trip had been within Schengen and not outside of Schengen which would still allow the 90 day leave/reenter. Also, the treaty does still supercede the standard 90/180 for Schengen.

So, I booked a ticket to the states for the next week and informed them of this fact. They wrote back and I was informed that there may be a fine and a 2 year Schengen ban would be applied at the airport. Upon departure from the airport the customs officer looked over my passport, scanned it, I answered her questions, showed her my receipts from Ostrava, got a regular stamp and a thanks for visiting, please come back soon. No remarks about overstay, no forms to fill out, no little red ban stamp, no fine, no problems whatsoever.

Of course, I want to go back as soon as possible. However, I'm not sure if there's anything in SIS II, or VIS that would prohibit reentry. I never intended to break the law and 22 years of traveling/living abroad this is the first time I've ever run afoul of the law in a foreign country. Ok, I once smoked a cigarette on a Japanese sidewalk, but other than that, squeaky clean.

My questions are: It's only been about a week.

If I request my SIS II record, will anything show up yet? Is the system updated automatically on departure? How about my VIS record?

How long does it take to process an SIS II record request?

I don't want to raise any more red flags in Poland than I already have, so would it be best to request an SIS II record from Germany instead?

What about the national records? Does anyone know if I can access my Polish immigration record and how to go about that? (I've asked my attorney, but haven't heard back yet.) If I can get back, my first stop will be to the immigration office for that residence permit if everything is clear.

Anyone with insight or suggestions?

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