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-   -   Schengen violator has questions (https://www.fodors.com/community/europe/schengen-violator-has-questions-784986/)

corli33 May 21st, 2009 03:35 PM

re:nanacita-The issue here isn't really the fact that the OP overstayed his/her visa waiver period...it's the fact that s/he had no idea why s/he was stopped by an immigration officer...and clueless when it comes to understanding Schengen zone's restrictions. It's this whole notion of "Americans are exempt from the rules" , "It's no big deal because I have a US Passport" , and "I'm American so how should I know?" that raises eyebrows here on the forum"

I couldn't disagree more. Like I said, yes the OP or anyone should check before hand and shouldn't be surprised if they fail to do so that an immigration officer stops them. However, people here are way over reacting. As far as this notion of "americans being exempt" or "it's no big deal as I have a US passport" the OP never implied this and I don't know any americans that feel this way. That is absurd. The only people on this forum that I found to be arrogant were two Brits complaining because the US asks them questions upon entering and can refuse anyone, well so can any country. As I said, there are many people around the world that overstay their visas and most aren't americans. We have plenty of people overstaying their visa here in the USA, probably more than anyone, and if they do it by a little bit and go home, well they shouldn't do it, but it's not a huge deal.

nancicita May 21st, 2009 04:34 PM

good points, corli, good points.

Padraig May 21st, 2009 04:40 PM

corli33 wrote: "We have plenty of people overstaying their visa here in the USA, probably more than anyone, and if they do it by a little bit and go home, well they shouldn't do it, but it's not a huge deal."

It often is a huge deal. I have come across people who are barred from the US for five years because they overstayed their visas, sometimes by a relatively small amount. I have heard stories of people who didn't even overstay, but whose exit documentation was not in order, and they are also barred.

Christina May 22nd, 2009 10:43 AM

yes, I know a Dane who is barred from the US a year or two just because he overstayed his Visa by a couple months. He is an employed professional, it's not because they think he is a danger or going to be on welfare, it's just the law. this just happened last summer and he got deported and is banned from returning to the US for at least a year, I think. He cannot even get a business visa to come to do business (and he works for a multinational company who is not pleased but partly they had stupid lawyers who weren't keeping track of him, and partly he was just being stupid).

corli33 May 22nd, 2009 04:35 PM

"It often is a huge deal. I have come across people who are barred from the US for five years because they overstayed their visas"

I meant it's not a huge deal in my opinion and that people were way overreacting by bashing the poster. Most people who overstay their visa here in the USA aren't pursued or get into trouble but that doesn't mean it never happens. Yes, at times,immigration officers will come down hard on someone. The same holds true for americans in other countries. There are americans who have been barred from the EU/UK for five years for minor infractions. The OP could have been barred from the EU or Schengen or whatever for 5 years and some americans would have been. It depends upon the immigration officer in question.

nancicita May 22nd, 2009 04:53 PM

So does that mean that it's not a huge deal if it doesn't happen to us, but it is a huge deal if it does happen?

Perhaps that's why immigration officers / foreign police are now enforcing the rules...paying more attention to people who overstay the visa waiver...so that we'll stop shrugging off a law that says it's illegal to overstay 90/180?

corli33 May 23rd, 2009 02:45 PM

"So does that mean that it's not a huge deal if it doesn't happen to us, but it is a huge deal if it does happen?"

In the sense of personally, yes if one is barred for 5 years and they wish to return to that country, it's going to be a big deal for that person. If a person is just given a warning or has no desire to return to that country, then for them it is not a big deal in terms of consequences. When I say not a huge deal, I meant the accusations of arrogance and bashing of the OP. I thought people were overreacting. A lot of people overstay by a little bit and I don't think it means they are arrogant or awful. I didn't mean that it is something one should do because of couse one shouldn't nor do I mean that there can't be more serious consequences because there can.

Kyliebaby3 Nov 4th, 2009 11:48 AM

Quick clarification question:

If I depart the Schengen zone after 90 days, but elect to spend more time and ultimately fly home to the US from a non-Schengen country (i.e. Turkey), I will not be breaking any rules, correct?

hetismij Nov 4th, 2009 11:55 AM

You can spend 90 out of any 180 days in the Schengen zone. Once your 90 days are up you have to wait 90 days before you can re-enter Schengen.
OP was lucky. They are tightening up on the entry procedures in many countries and soon all Schengen countries will be enforcing the rules.

Kyliebaby3 Nov 4th, 2009 12:00 PM

Sorry- I meant if I elect to spend more time outside of the Schengen area, not leave it and then come right back. I would get out before my 90 days are up and travel to non-Schengen countries, and then plan to fly back to the states from one of them. I'm not trying to dodge the system or anything; quite the contrary, I want to make sure I'm not breaking the rules by flying back from Istanbul or even Dublin or London after my 90 days are up.

Alec Nov 4th, 2009 12:47 PM

Kyliebaby3
I can't see how you are breaking (Schengen?) rules by flying straight back home from a non-Schengen country. After 90 days in Schengen, you are leaving Schengen zone and not returning within 90 days - the fact that you are flying home is irrelevant. After 90 days outside Schengen (including the US), you can then go back to Schengen for further 90 days, and so on.

lincasanova Nov 4th, 2009 01:18 PM

Logos..unless it has changed, it is not NECESSARY to fill out that portion of the ESTA about the address.. you CAN but it was OPTIONAL info previously.


However, one should know the EXACT address of the hotel or residence when entering the USA or G.Britain. (voice of experience)

Kyliebaby3 Nov 5th, 2009 07:49 AM

Thx Alec!

That's what I thought, but just wanted to run my line of thinking past the jury before doing something wrong. I appreciate the insight!

constans6 Dec 12th, 2011 02:20 AM

The law i as a law,it happen that the officer in Greece let you go, based on your records, used reason, and did not act like a brainless machine.

Alec Dec 12th, 2011 02:42 AM

No need to bring up a two-year old thread.

JBX Dec 12th, 2011 04:37 AM

~
YES, this is a two year old thread w/ OP's issue long past ..... but newbies and first time visitors may find info helpful if planning a longer visit.

http://www.eurovisa.info/
(visa application)


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