I am Italian. I lived for 5 years in the US. I met my girlfriend and I overstayed. I left the country 2 years ago. My girlfriend married me in Italy.

Before she came to Italy, I tried to get a tourist visa but I answered no to the question about overstaying. They found me ineligible but were waiting for more info. It was not just because I overstayed, but I was arrested once so I never continued cause now I am married.

I am about to start my green card process but I am very fearful that they will know I lied on my ESTA. Do they know I applied for an ESTA? Do they know I lied? What should I do?

closed as off-topic by Michael Hampton, Nean Der Thal, Giorgio, David Richerby, Ali Awan Dec 15 '18 at 10:09

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  • I'm going to do some editing to make it easier to read. Feel free to revert/undo my changes. Also, this is a better fit on Expatriates because you're asking about a long term visa. You can ask for it to be migrated. – mkennedy Dec 14 '18 at 22:46
  • How long did you overstay in total? Did you have a six month B1/B2 visa so overstayed 4.5 years? You stated that you applied for a tourist visa but then talk about an ESTA. An ESTA is a pre-clearance so you don't have to have a visa. So it was an ESTA only, correct? – mkennedy Dec 14 '18 at 22:52
  • If you are unable to move to the USA straight away, consider asking your wife to join you in the EU for a few years, establish residence and eventually get an EU passport. – Michael Hampton Dec 14 '18 at 23:53
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    Actions have consequences. You earned a ten year automatic ban for the overstay and a permanent ban for misrepresentation on your visa application. Forget living in the USA ever, unless you have a magician immigration attorney. – user 56513 Dec 15 '18 at 1:30

Your current behavior already earned your a ten-year ban, even if you don't know it yet.
You are not eligible, but you might get away in cheating your way into an ESTA, but latest at the border the immigration officer will find out; then you have to fly back immediately, on your own money, and you will get a lifelong ban for the US.

The only approach to ever get into US legally again is to apply for a visa, potentionally after the 10 years have run out. contact an immigration lawyer.

  • 1
    +Permanent Ban for misrepresentation on his application. – user 56513 Dec 15 '18 at 1:31

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