A friend has been overstaying in the US for 8 months, he has a valid tourist visa. Will he be able to go to Guam and get back to LA? Do you have to go through customs and immigration? Thank you!

  • 6
    Is there a reason he’s hellbent on returning to (or staying in) the US on an expired visa? Seems like a bad idea, especially under our current... regime. If it were me, I’d be more interested in getting out/back home, ideally without my overstay being detected. – HopelessN00b Oct 11 '18 at 23:55

He will most likely be able to make it to Guam - there are generally no passport checks, although legally he is still required to carry his passport.

However once he is in Guam, he's in for a world of pain.

Non-US citizens do require a passport to depart Guam, and he WILL be processed by CBP before departing Guam back to the US mainland. At that point his overstay in the US will be detected, and he will very likely be detained for deportation.

Note that despite your comment, he does NOT have a "valid" tourist visa. Once he overstayed any period of time (and especially after overstaying more than 180 days) his visa is no longer valid. Having overstayed more than 180 days, he will also be subject to a minimum 3 year ban when he does leave the country - or likely more if he is deported.

(There are a small number of exceptions to the above, such as if the person is below 18 years old)

  • 5
    Automatically Void Visa: If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will automatically void or cancel unless; You have filed an application in a timely manner for an extension of stay or a change of status; That application is pending and not frivolous; – Augustine of Hippo Oct 11 '18 at 10:01
  • 3
    @MusoniusRufus - Hmmm, those applications according to their website can be expected to take up to 4.5 months to process. It might be possible to submit one and at least buy himself some time. But probably the smartest thing to do would be to go talk to an experienced immigration lawyer immediately. – T.E.D. Oct 11 '18 at 12:50
  • 16
    @T.E.D. "It might be possible to submit one and at least buy himself some time." - No. His visa is already invalid. His application wouldn't be filled "in a timely manner". By filling it now he would pretty much just turn himself in for deportation. – Mołot Oct 11 '18 at 13:50
  • 1
    I understand that CBP requires non-US citizens to show passports to fly from Guam to another part of US territory, but as far as I can see there is no basis for this in law. If OP's friend has a lot of money and a good lawyer, he might be able to challenge it in court, but if that were true he probably wouldn't be in this situation in the first place. – phoog Oct 11 '18 at 18:41
  • 3
    This issue came up yesterday in Travel to Puerto Rico without a Passport. I've asked a related question on Law: Passport requirements for travel between a US territory and a US state. – phoog Oct 11 '18 at 19:14

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.