Will I be denied re entry into the US due to previous immigration history? 7 Answers as of July 18, 2011

Just a query, me and my fiance are Irish Citizens, but are currently Permanent Residents in Australia, we lived in America for 2 years without a visa, we are getting married next year and would love to go to America for our Honey Moon, possibly Miami, will we be able to get back into America or will we be declined, we departed America in 2008.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You will need to apply for a visitor visa and can't use the visa waiver. You will also be required to file a Section 212(d)(3) waiver for the overstay; explain why it happened, that you are reformed, just coming for a short visit, strong ties abroad, left voluntarily, etc. I recommend getting an attorney to assist.
Answer Applies to: California
Replied: 7/18/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If you oversayed and then departed the U.S. you will trigger the two year bar. You will need a waiver to re-enter the states.
Answer Applies to: Florida
Replied: 7/15/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
You have triggered the 10 year bar.
Answer Applies to: Nevada
Replied: 7/15/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
it appears that both of you are subject to 10 year bar as you overstayed your authorized stay in the US for more than one year and then left the US. If you try to enter the US and is discovered by CBP, you will be put in expedited removal.
Answer Applies to: California
Replied: 7/15/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You may be denied re-entry because of your overstaying your visa. However, I imagine that you will try to re-enter with your UK Passport under the Visa Waiver Program, yes? If so, then perhaps you should try the ESTA pre-approval program and see if it will approve you prior to coming. Although I think that it does not look good for you, there is always a chance that you can be let in again. Non-immigrant visas work like credit: if you follow the conditions prescribed, you get to use it again. In your case, it seems you did not therefore you should expect a denial of admission. Good luck though.
Answer Applies to: California
Replied: 7/15/2011
    Law Offices of Iman Abouelazm, P.A.
    Law Offices of Iman Abouelazm, P.A. | Iman I. Abouelazm
    Generally, if you over-stayed your visa and status over 1 year, you are barred from reentry for 10 years. This is referred to as the 10 year bar." There are waivers available, but this depends on eligibility. "
    Answer Applies to: Florida
    Replied: 7/15/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    If you resided in the US unlawfully for two years, then you will likely be denied entry if you are coming in on an ESTA visa waiver. You will need to apply for a waiver and for the B-2 visitor visa as you no longer qualify for the visa waiver program.
    Answer Applies to: Texas
    Replied: 7/15/2011
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