Does US immigration know when I leave the US if they dont stamp my passport or does the airline inform them?

Asked almost 2 years ago - Chicago, IL

I left on my new irish passport and it had no stamps in it as i had never used it before..the USA didnt stamp it when i left but the irish stamped when i returned. it was issued in 2012 & is the chip passport. My concern is that U.S knows i left by the airline informing them (they share info) or something in the chip?? I want to go on a 2 week holiday and visit family that didnt self deport. Im scared I could be refused entry into USA if they know I left?? I had entered illegally in past

Additional information

we have a daughter in america that we are wanting to see in america..is there any chance we wont have a issue you if we got a new passport?...this is emotional for me and im holding out hope so forgive me if this is repetitave

Attorney answers (5)

  1. Thomas Esparza Jr.

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . you are in a heap of trouble if you leave and try to return. they will know. it all shows up. welcome to 1984

    The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A... more
  2. Kristina A. Gasson

    Contributor Level 12

    3

    Lawyers agree

    Answered . These days they scan it (new Irish passports have chips in them) so the stamps really don't count for much. Believe me, the US knows everything about your visit. If you want to learn more about whether you are inadmissible because of past immigration violations, you should consult an immigration attorney.

    www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement... more
  3. Stephen D. Berman

    Contributor Level 20

    1

    Lawyer agrees

    Answered . There is not enough information. Generally there will be at least some record of your departure from the U.S., at least from the flight manifest.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  4. Dhenu Mitesh Savla

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . What additional info? I agree with my colleagues. Yes they know. It's a very big risk. It does not matter who stamped what. The stamps aren't the only proof.

    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com/attorney

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
  5. Philip Alan Eichorn

    Contributor Level 19

    2

    Lawyers agree

    Answered . US CBP and ICE generally do link a person's passport to their immigration files eventually. I recently defended a case where they linked the person's new passport several years later, found he was inadmissible for having an unlawful presence issue and we had to litigate whether or not he entered fraudulently with the new passport. Based on that experience and others, I'd recommend retaining counsel before you do anything to ensure your next attempted entry is proper.

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