Luigssj0

I would like to first clarify that I am not trying to discover ways around or how to bend the rules for how long you have travel as a tourist in a Schengen country. I have already made the mistake of an overstay and now I am trying to move forward, see if this mistake can be corrected, and exactly how it is going to affect my future travel goals.

To begin, I spent a year in Europe from beginning in the Fall of 2010. Upon leaving in Amsterdam, customs obviously stopped me and told me that they have to issue a report and action may or may not be taking. The advised me to contact the embassy next time I want to visit a European country as I may not be allowed back for up to five years. To me, this is fairly unspecific and at the time I didn't say, Well, who exactly do I need to get in touch with. Sifting through embassy websites trying to figure out who to contact is pretty difficult.

What I have done so far is contact the Netherlands International Police as I was advised by Visas and Legalisation office in the Netherlands. After a few letters of exchange and verifying my identity they replied with a formal letter stating that I am not a subject of alert in the Schengen Information System (SIS) or the Dutch National wanted persons database (OPS). They said the SIS is an international database used by all of the Schengen countries to issue alerts regarding undesirables in their countries. If an individual is not registered in the SIS, this indicates that there is no request for investigation, extradition, or refusal of the individual pending in the Netherlands and no such alert has been issued by another Schengen country.

So, my question is should I feel at ease in traveling to Europe, say this fall? Again, I am not seeking advise about breaking the law, ways to enter Europe illegal, etc. I just want to travel within the 3 month period.

Has anyone experienced something similar? Perhaps I have not even contacted the right people to find out the information I need?

Any and all suggestions would be greatly appreciated. Thanks so much.

PalenQ

Contact the U S State Department as well IMO for answers to your questions.

nytraveler

I would agree to start with the state department - they may be able to help.

Next I would contct the embassy of the country you plan to enter through. They should be able to confirm that you are not on any don't admit list - so you won't be turned back by Immigration.

Caveat: I am not an immigration attorney. this just seems sensible.

hetismij2

If you aren't on the SIS alert list then you will be fine.

Consider yourself very fortunate.

PalenQ

what would happen if a ferriner came to the U S and stayed longer than the normal tourist visa? They would never ever be let back in - be glad you are dealing with forgiving Europe in this case.

janisj

Who knows the answer. But for sure the US Embassy/consulate will be of no use/help. Schengen has nothing to do w/ <B>US</B> rules/immigration/State department/law enforcement/etc.

Anyone who cares about your overstay and would/would not do anything about it . . . are Schengen officials.

Fra_Diavolo

I think the Dutch gave you your answer, and I agree that the State Dept has nothing to do with this.

The only question I have is, have you changed your passport since returning? An alert immigration officer might well notice (same as the Dutch did) that you've overstayed in the past, and refuse to admit you. So -- might be time for a new passport!

hetismij2

The new passport won't make any difference. OP's name date of birth, photo and all other details in the passport are registered, not just the number. Schengen countries realise people change passports.

AS I said the Dutch have said OP is not on the alert register so they should be OK. They still stand a small chance of being refuse entry of course,but only a small chance.
They are very very lucky.

Fra_Diavolo

"The new passport won't make any difference. "

The passport will have stamps in it from which an immigration officer can determine the previous length of stay, assuming there is no electronic record. If there is an electronic record you are quite right, changing passports won't help. He may still be denied entry at the discretion of the immigration officer if this information pops up when the passport is scanned.

PalenQ

Who knows the answer. But for sure the US Embassy/consulate will be of no use/help. Schengen has nothing to do w/ US rules/immigration/State department/law enforcement/etc.>


Rubbish - State Department can give advice - no they cannot intervene but I would definitely contact them just in case they could give some some advice. Just in case - how can one say 'State Dept will be of no use/help' - rubbish I say give them a try - they may or may not but worth a shot.

janisj

"<i>State Department can give advice </i>"

The OP is not in Europe. He left Europe AFTER overstaying. There is no US Embassy/consulate that can help him (there are no US embassies in the USA). So you'd have him contact some US Embassy inside Schengen?? Yes - that would be helpful(?)

And even IF he did contact some hypothetical US embassy in Europe, the State Dept won't help him break the laws of other countries.

PalenQ

Janis dear the State Department I am talking about is in Washington, DC - ever hear of that place. I never said embassy or consulate - I said State Department. You completely distort what I say then chastise me for saying something I did not.???

easytraveler

Why not enter the Schengen zone through The Netherlands again? If there's any question, just show them your correspondence. They'll probably let you in.

Next time, please try and be a bit more considerate of other countries' laws and not break them.

Good luck!

janisj

PQ . . . the US State Department has <u>absolutely</u> nothing to do w/ Schengen. They can't help the OP . . .

Whichever specific immigration officer he meets when landing in Schengen has the authority to let him in - or not.

Ackislander

Passport stamps are irrelevant. I have entered France without having my passport stamped but got an exit stamp on the same trip. I have been stamped in Treviso and not stamped in Rome. So it goes. It is the electronic record that matters.

Fra_Diavolo

I researched this a bit, and it seems that neither the SIS I nor SIS II systems track entries and exits. Of course, individual countries may have their own software and procedures. As an old fashioned gent, I'd still make sure my passport stamps were in order (once a vice consul and veteran of many borders).