Overstayed here. Wants to fly home. Is she going to detained at airport?

Asked 10 months ago - San Diego, CA

Overstayed but with Visa.

Attorney answers (4)

  1. Irene Vaisman

    Contributor Level 20


    Lawyers agree

    Answered . No, person can leave the country. Problem would be coming back because may have accrued unlawful presence. Depending on how much unlawful presence, person will face 3 or a 10 year bar on re-entry.

    Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a... more
  2. Jay Ignacio Nunez

    Contributor Level 16

    Answered . Duplicate post.

  3. Maria J. Marty

    Contributor Level 17

    Answered . No, leaving will be fine but overstay will be noted and may result in issues the next time she wants to apply for a visa or reenter the US.

    I am a lawyer but I am not your lawyer unless we have spoken and we have entered into an attorney-client... more
  4. Paris Bolem Lee

    Contributor Level 10

    Answered . Most likely not. However, visa will automatically be cancelled, and depending on how long the person has overstayed, exit might trigger unlawful presence bars, so consult with an attorney before leaving because he/she may have problems coming back.

    The above is general information only and should not be construed as legal advice or creating an attorney-client... more

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