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An Australian woman overstayed her US visa by hours - so she was detained for 3 whole weeks. Ouch.

She says she overstayed her visa for a couple of hours. Now, she’s been detained for three weeks, will be deported, and not allowed to return for 10 years. A little harsh, perhaps?

A 24-year-old woman from Brisbane has reportedly been detained for three weeks in the USA — after overstaying her working visa by only 11 hours.

Sarah Jane McCrohan told the Huffington Post she was attempting to cross the border into Canada when an officer noticed she had overstayed her 90-day Visa Waiver Program.

Ms McCrohan was travelling from New York to Ottawa with her boyfriend to visit the Australian embassy on March 26 at the time.

The officer suggested they return to the American side to sort out the drama — but when they did, Ms McCrohan was arrested.

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Her lawyers are arguing three weeks is far too long to detain Ms McCrohan, considering she was not aware she had overstayed her visa by 11 hours and believed she was departing on time.

“It’s such an innocent mistake, and they tried to leave, her lawyer David Leopold said.

“The worst thing you can say about her is maybe she should have planned her trip a little better. We’re not talking about a significant overstay, we’re talking about a matter of hours.”

 

From her facility, Ms McCrohan told Huffington Post she didn’t know what was happening.

“They give you a mythical date [for removal]. Like they say 10 days, but it’s been 21 days,” she said.

“I don’t know anything.”

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A representative America’s Immigration and Customs Enforcement said Ms McCrohan was not eligible to be released.

“Under the Visa Waiver Program, Ms McCrohan is subject to mandatory detention and her case is not eligible for immigration court hearings,” she said. “She will remain in custody while the agency finalises her removal.

She is set to be deported back to Australia and will be barred from returning to the US for a decade.

Her American boyfriend says he intends to marry Ms McCrohan, whether or not they can live in the United States.

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Top Comments

joey 7 years ago

I had returned from the us after staying there for 6 months doing vocational studies and a holiday away from home, Came back this year with a new 1 year visa after 6 months at home for work and was prepared for another holiday and online studies. Detained for the 15 hours and barred for 5 years on the merrit of my study, suspected "work" ties and home country occupation . Insane and very scary


Anna 9 years ago

I commented on this yesterday but my comment didn't get published. I would like someone from Mamamia team to answer my question about the ethics of going onto Sarah's FB profile and taking her photos to use in the article? She might not WANT her face plastered all over here. I happen to know her personally and I noticed she has not adjusted privacy settings on her profile pics. Does that mean anyone can just use them? Isn't that a little immoral?