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I came to the US in 2002 on a tourist visa after I got my US visa multiple entry in the Philippines. I was able to find a job in the US and stayed for over 9 years. I had no bad record and worked under the table since I cannot pay taxes. I returned home to the Philippines in 2011.

Now I'm working in the middle east for 4 years and thinking of applying and going back to the US again for a visit. What are the odds of me getting a visa and being able to leave?

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    Worth noting that afaik paying taxes in the US is independent of your legal status and you should have paid them. In fact you are likely in more trouble for not paying your taxes than for overstaying. You should get that sorted before setting foot in the US as this could get you in jail while your overstay is likely met with just a ban!
    – mts
    May 15, 2016 at 10:34
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    @Mehrdad: The US doesn't always know whether someone is here or not. e.g. before I-94 automation you had to turn in the I-94 to make the government think you left (people often forget); after I-94 automation, if you arrive by air and leave by land, there is basically no way for the government to know you left, until next time you come. Plus even if the government knows who has overstayed, they aren't given enough resources to go after most of them; they must prioritize the criminals, violators of deportation orders, etc.
    – user102008
    May 16, 2016 at 8:23
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    @Mehrdad Ultimately, it's a victimless crime, not really all that different from jaywalking. As mts noted, the most interested government agency would be IRS due to the "not paying taxes for nine years" thing :D
    – Luaan
    May 16, 2016 at 8:47
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    @Luaan: I mean the difference between this and jaywalking is that you can jaywalk in front of some police officers and they'll hardly even care, whereas over here I'm pretty sure if you try to go through border control in front of the officer without actually stopping to give them your documents they will very much care...
    – user541686
    May 16, 2016 at 9:06
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    @Mehrdad: The US has no regular exit controls, at land or air or sea borders. The country you enter checks you to make sure you can enter that country, but that is not the US. For air and sea passengers, recently the government gets passenger manifests from the carriers and that's the only way they know.
    – user102008
    May 16, 2016 at 17:48

2 Answers 2

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Worth noting that as far as I know paying taxes in the US is independent of your legal status and you should have paid them. In fact you are very likely in more trouble for not paying your taxes than for overstaying. You should get your tax issue sorted (with a competent lawyer) before setting foot in the US ever again as this could get you in jail while your overstay is likely met with just a ban!

I even think it is likely that officers would question you about how you managed to live in the US for 9 years if you were to come back. Your tax issue could easily surface and get you into deep trouble.

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    No Statute of Limitations on failure to file a return, either.
    – Andrew Lazarus
    May 15, 2016 at 18:04
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    How could the OP pay taxes in the US if he overstayed on a tourist visa? He wouldn't even be eligible to work legally.
    – nikhil
    May 15, 2016 at 22:01
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    @nikhil completely possible. no expert but likely depends on state law, see e.g. illinoislegalaid.org/…
    – mts
    May 15, 2016 at 22:58
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    @nikhil The payment of taxes on income is not conditioned on the legality of the income. Punch "Al Capone" into your favorite search engine.
    – David Schwartz
    May 15, 2016 at 23:26
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    @Nikhil mts and David are right. It's not uncommon for law enforcement to go after various criminal activities with tax evasion charges, even when the income wasn't legal. This is, of course, assuming they find out, but it seems rather likely that they would when OP tries to re-enter the U.S. They're not (usually) dumb. They know most people don't have the means to live in the U.S. for 9 years without working. They almost certainly will ask questions about that and figure out the story doesn't add up.
    – reirab
    May 16, 2016 at 5:16
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According to this site and other similar ones, you're facing a 10 year ban unless you have special circumstances such as being married to a US citizen. For further information, I suggest you contact a competent immigration lawyer. There are many you can find with a simple online search who may be able to assess your specific situation further for free or a small fee.

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