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Looking for advice. My sister in law lived in the US for 4 years, overstaying her visa. She worked, paid taxes and rent. She came back to UK a year ago due to family illness and now wants to return. She has booked a return flight via Dublin but has no intention of returning. She has convinced my husband to travel with her, assuming they get in he will return after the 2 weeks.
So my question is will she get in? If she doesn’t is there implications for my husband? Could this stop him traveling to US in future?

Also, as there are immigration checks at Dublin, is this where she would be denied entry or would she get to US and be denied?

Her paying rent and taxes doesn’t give her any brownie points with US immigration

So my question is will she get in?

Her chances are slim to none although not zero. People get admitted mistakenly. If found out on a subsequent interaction with immigration the hammer will come down, hard.

If she doesn’t is there implications for my husband?

She’s an adult so minuscule to no implications for him unless he somehow gets drawn in during the questioning and tells a material lie to US Immigration which is found out in which case he will be banned, for life.

Could this stop him traveling to US in future?

See response to previous question.

Also, as there are immigration checks at Dublin, is this where she
would be denied entry or would she get to US and be denied?

Whether it unfolds at preclearance in Dublin or in the USA does not change anything. The same conditions and penalties remain.

CONCLUSION

Looking for advice

Don’t do it. However, I don’t know her life circumstance that compels her to attempt this in this time of increased immigration scrutiny. Sometimes a human being is compelled to break the law. Over here, we judge no man.

My advice to her would have been to purchase the ticket at the last minute at the airport (or refundable ticket) in which case when she is denied as I expect she will, she can get a refund of the airfare under the 24 hour free cancellation policy.

Finally she should not lie to immigration if caught and questioned about her overstay. That way she only incurs the ten year ban for overstay, instead of permanent ban for misrepresentation. Ten years seems far off, but at least the window remains open.

I would echo the previous answer but add the following legal considerations:

If when she overstayed previously she entered using the visa waiver program, she is legally ineligible to use the visa waiver program again. If she lies about that on the ESTA application or at the border, she will be permanently inadmissible.

Depending on the circumstances of her previous overstay, she may have a three- or ten-year ban, counting from the date of her departure from the US. Based on the facts you have described so far, it is likely that she has nine years remaining in a ten-year ban.

A few more points to add to an already excellent answer:

1. As a UK citizen you eiter need a Visa or (more commonly) you can for ESTA https://esta.cbp.dhs.gov/esta/


2. She could try to apply for an ESTA. The application will ask about past immigration violations. Lying on an ESTA is a NOT a good idea. Having an ESTA refused is probably the least painful way this could play out.


3. Without an ESTA or a VISA, she will NOT be able to board the plane. It's unlikely that she would even get to pre-clearance. No airline will give a her boarding pass to an US bound flight without her having proper paper work.

You may want to ask your sister how she is planning to get a boarding pass in Dublin and get on the plane. This may help to have the gravity of the situation sink in. If she really wants to go back to the US, she needs an immigration lawyer to look at her situation. Any attempt at committing new offenses will make her situation just worse (and maybe a lot worse).