Help! American needs to get into Italy after staying >90 days
 

My family and I have been in Italy for 4.5 months as tourists. I returned to the USA last week for job interviews and now need to return to Italy for another month to get my family. I have a U.S. passport but believe I have used up my 90 days. I have documentation from a language school, but I don't have the 2 week the consulate says to get a student Visa.

Any suggestions? Help, I'm desperate. I am considering flying into Rome and taking my chances but am worried they'll turn me back or fine me.

Thanks in advance.

"<i>I am considering flying into Rome and taking my chances but am worried they'll turn me back or fine me.</i>"

Your airline may not even let you on the plane when you check in. They won't let you fly if there is a chance Italian immigration will reject you.

There would not be a fine -- they just wouldn't let you in.

Why can't your family come home by themselves??? And why does it take a month to leave?

Why would it take a month to get your family back here from italy? Can;t they just get on a plane and come home? If you are picked up at the arriving airport they may just send you home on the next plane. And fine you and not let you into Italy again. Or the airline may not let you depart the US.

I don;t think you need help from us.

I think you need to find an attorney that specializes in this and can help you put together a plan for doing this legally.

But really - I would just get your family home now - and not make any more of a mess than you have.

It's illegal for you to return.

It's also illegal for your family to remain in Italy

As one who just got back, with some experience trying to get our daughter an extended visa so she can travel in Europe after her 89 days of "semester abroad" (she was actually successful, but that's a long story) -- I fully agree with the above... This "new" Schengen rules (not so new, but now REALLY enforced) will keep you stranded at the airport, you won't be boarding the plane, and if they miss it here, you'll be facing unpleasant people at your destination...

And as mentioned above, staying in Europe for 4.5 month when you're allowed 3... You guys better think of a VERY GOOD EXCUSE before your family heads to the airport... They might be asked some tough questions and even be fined... They really take it seriously now there in Europe.

I would do some research on line on this subject, learn others' experience, assess your chances.

The legal situation is a given, so I won't comment on that.

A possibility - can your family get from Italy to England, which is outside Schengen. You could meet them there.

Yes, England... I was thinking about the same idea, actually. We were also considering that trick for our daughter... No, it won't work, 'cause the Europeans today are very aware of that trick, and -- as we were told, not my experience -- when getting out of the Schengen area, every passenger has his/her passport checked and stamped.....

Turkey is not far and it's completely outside the EU/Schengen zones.

Good luck with this, but what were you thinking? You need a lawyer. You messed up.

I don;t understand how you think you have a chance in hell of getting back in for ANOTHER month. This is not going to happen.

Get your family out now - as in tomorrow - before they run the chance of being picked up and summarily deported.

Did it never occur to you that breaking the law is probably NOT a good idea? And have you tied children up in this mess??? They'll love being questioned by immigration authorities!

I was actually the one who raised the question about staying in Europe over 90 days, when our daughter was heading to her semester abroad in Italy.... I was also kind of "what's the big deal"...

I might be wrong about what I wrote earlier about the England idea, not totally sure...I would again suggest you do some research on this. Maybe best to check what REALLY happens when passengers fly from any Schengen country to London, or take the Eurostar train there, are they really being treated the same as if they were leaving Europe for the USA...

It sounds like you were able to depart without any trouble. I would suggest you have your family try to do the same thing.

I was approaching my computer to ask the same exact thing... The OP left Italy for the US without being stopped, questioned, given a hard time? Maybe the folks in Italy are much more lax than in say Germany?... I wouldn't be shocked...

Thanks for the comments. Mamamia2, we got in this situation also because of a study abroad program. Since it was 89 days, the program told everyone (students, teachers) not to worry. Many stayed >90 days and had no trouble returning. I also had no trouble leaving after 4.5 months.

I was thinking of returning because in Italy the rules are often merely suggestions rather than strict laws. We're there as tourists to spend money, so they should want us to visit. It takes a month because we want to travel before returning. Don't dwell on that point (or on how stupid you may find me)

A lawyer would be great but I can't find one versed in the topic. I've scoured message boards, read the rules on Schengen, but was hoping to find someone who has attempted to return in a similar situation that could offer some help.

I like the Turkey suggestion. Anyone have experience with that?

<<< We're there as tourists to spend money, so they should want us to visit. >>>

They also want you to obey their laws. In the same way as when one visits America, Australia, or anywhere else on the planet, one must obey the local laws.

Even if you don't agree with them.

Do things legally and follow immigration laws, and you won't have a problem. I have to wonder how you remained in Italy with your family for 4.5 months when the limit for non-EU nationals is 90 days. While Italy is a Latin country and thus often very casual about following the law (even its own law), that doesn't mean that it's acceptable or wise to ignore the law.

I can't believe, with the internet, you can't find a lawyer to help you with this. You need one. Do the research.

I've been to Turkey, that's why I suggested it. You can fly there without setting foot on Schengen soil as a transit passenger through any European airport. You can arrive with an American Passport and no visa, just pay USD $20 cash for your entry stamp at the airport. Have your family fly to Istanbul and meet them there.

Coming from Italy they will need to pay 15 euro each for their entry stamps if they don't have $20 bills.

If you had planned on a week or so extra after your study abroad program, I would imagine you might not have any trouble which is probably why the program did not advise you to obtain the student visa. However, you and your family exceeded the limits by 1.5 months! I think you would not want to draw attention to this fact (and put your family in the spotlight as well) by trying to reenter Italy.