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Cautionary Notice Regarding Previous Overstays

Passengers who previously stayed in the U.S. longer than permitted on the form I-94 issued by the immigration officer at the port of entry will be denied entry into the U.S.  In order to avoid being sent back to Poland, and possibly being held in a detention facility if a return flight is not immediately available, passengers are urged to bear in mind the following:

  • A visa does not guarantee entry. An immigration inspector at the port of entry determines the visa holder's eligibility for admission into the United States.
  • If you stayed even one day longer than permitted on a previous I-94, the visa you used on that trip is now invalid for re-entry, even if the visa expiration date on the visa foil has not been reached.   You will not be permitted to re-enter the U.S. on such a visa.
  • Even though you may previously have been admitted to the U.S. following an overstay, this does not mean that you will be admitted again.  As we improve the databases used to screen travelers at U.S. Ports of Entry, the likelihood that a previous violation will come to the attention of an immigration inspector increases.
  • Polish citizens who have previously overstayed must apply for new visas at the U.S. Embassy in Warsaw or the U.S. Consulate General in Krakow.
  • We urge you to be honest with the consular officer regarding your previous overstay.  It is far better to be denied a visa by a consular officer in Poland than to be detained/arrested and turned back by U.S. immigration authorities after a long, expensive flight.
  • Failure to disclose a previous overstay to a consular officer or immigration officer is considered misrepresentation and will make you permanently ineligible to receive future visas, including immigrant visas.