159

Unlawful presence does not accrue for children under 18: An alien whose unlawful status begins before his or her 18th birthday does not begin to accrue unlawful presence for purposes of section 212(a)(9)(B) of the Act until the day after his or her 18th birthday pursuant to section 212(a)(9)(B)(iii)(I) of the Act. If you leave before 180 days of ...


129

This question has been asked many times, so I guess you've already found some nice resources (one, two) on this topic. You will pay the 20,000 THB fine. Possibly, more. Possibly, after imprisonment. You will receive the "overstay" stamp in your passport. Possibly, you'll get banned from entering the Kingdom, temporarily or permanently; The biggest issue is ...


88

First and foremost, you really need a lawyer here. Looking for Internet advice in your situation is probably as "helpful" as trying to perform appendix self-surgery using Google search. There are two reasons for this (and this is why you need one): You said you never paid taxes so I assume you earned income in US. Assuming you also did not file a tax ...


73

You seem to be trying to pretend that an overstay is no big deal. It's a big deal. Fix it. Someone has identified an extremely affordable flight, and you need to be on it so you are in UK soil by midnight on the 17th. You created a belief in your mind that Spain is "relaxed" about overstays. You are missing the entire point of what an overstay is. ...


68

Once your friend has overstayed a VWP visit once he is forever barred from entering under the VWP again, no matter which passport he is using. The only way to be readmitted in this situation is indeed to apply for a visa in advance. It probably doesn't matter much which of the two passports he applies for the visa with; but he will need to be honest about ...


64

You will need a travel document to board your flight back to Pakistan. Call the nearest Pakistani embassy or consulate in the USA immediately. They can help you get a new passport or emergency travel document.


56

The most comfortable way to find out is to apply for a visa, rather than attempting UK entry under visa waiver. If you apply for a visa you will be able to answer any questions about your overstay, and why you are not going to repeat it, as part of your application. If you go visa waiver, your interview will be just after a long haul flight, when you may be ...


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 ...


55

Immigration's job is making sure visitors to this country don't overstay, don't seek employment without the proper visa, don't rely on social services, don't commit crimes, and aren't being trafficked. He surely wanted to talk to your former employer to avoid a snafu that would cause trouble later, if it turned out you were likely to be returning to her ...


53

The US doesn't have exit checks. You can always exit the US if you don't have a pending arrest warrant. You won't be detained or deported. You will likely be banned for ten years from coming back to the US and it will be virtually impossible to get a visitor visa afterward.


52

The law here is somewhat complicated, but if you have more than a year of unlawful presence in the US, you face a 10 year ban. This guide for those in similar situations may be helpful: Returning to the United States After Deportation. Since you left voluntarily and have a US citizen spouse, it may be possible to receive a waiver and then apply for an ...


51

Americans who arrive in the UK with no definite plans, no return travel planned, and little money are often questioned extensively at the border and may be denied entry and removed. In your case, if you're low enough on money that you need to wait two weeks just to be able to afford a flight to the UK (*) it seems that it would be extremely difficult to ...


46

You will not have any issues when leaving the US. The US doesn't have physical immigration when you are leaving the country - it's all done electronically. Once you check-in (and/or no later than one hour before the flight) the airline will pass your details to the CBP, who will detect the overstay, but given that at that point you're on the way out of the ...


45

I know somebody in a similar situation to you: she lived illegally in the US for some years, and many years later she wanted to return as a tourist. Although she would otherwise have been eligible for the Visa Waiver Program, her local US Consulate recommended that she apply for a visa because of her history. She got a visa and visited the US without any ...


44

(This was originally a comment but I am turning it into an answer at the suggestion of @R..) If your mother applies for a visa extension before her visa expires, she is able to stay while she awaits the decision for "a period of up to 240 days". She can file online here https://my.uscis.gov/exploremyoptions/extend_non_immigrant_stay_us for a fee which is ...


43

The ban is a matter of law based on the facts of your situation. You can look at the law and make your own determination about whether you are currently under a ban based on the facts of your situation. Various bans have various durations, specified in the law. You can't ask the US government whether you currently have a ban -- in many cases they don't even ...


41

Here's what actually happened to the OP (as indicated in a comment): So I got to the airport and paid the fine and signed some papers and that was it... booted for a year, but that was it... last minute I got a loan for the fine... I'm sure it would've been different had I not had the fine money... thanks for all the info people. Someone suggested ...


41

USA does not have exit controls, so you can go wherever you can get an airline to take you. The airlines tell the authorities about who their passengers are, so the authorities will learn about the overstay after you have left, and it will most likely be difficult or impossible for you to enter the US afterwards. (That is, if there is an overstay at all. ...


39

You have zero chance of getting into the US legally while the ban lasts. That's what a ban is. You can apply for a visa after the ban has expired, but it's going to be difficult. Since you already overstayed once the US will apply a lot of scrutiny and skepticism to your application. Your best shot is to consult with a capable immigration lawyer and create ...


39

There are 2 aspects: Will CBP allow you to exit the country? Will the airline allow you to board? The US doesn't formally have exit controls, so no agency is systematically checking exit documents. Even if a CBP officer did spot-check you, they'd go "My job is to get you to leave. Since you're leaving on your own, can I carry your bags for you? Guide ...


36

Consider whether John could move to Canada. That might be cheaper and just about infinitely simpler. You are potentially looking at tens of thousands of dollars in legal fees to get this sorted out by a highly specialized law-firm, and there is no guarantee of success, especially if you just leave in a hurry. If you stay put and have the lawyer sort things ...


34

Further to @Hilmar’s answer, and after update from OP confirming duration of stay per i-94 is 90 days, IMHO the answer to the question is ‘yes, you should take this landing interview seriously’. A requirement of US law means they start temporary visitor admission decisions from a presumption of immigrant intent. Although your Norwegian citizenship means you ...


31

I've directly observed this before, in Germany. Passengers who needed visas due to force majeure were issued 24-hour Schengen visas at the consular office inside the Frankfurt airport. There is a duplicate answer with citations from the Schengen Code here.


31

If he travels with her, it is going to be very difficult for your husband to give her much support without lying. For example, if asked about the purpose of the trip is he really going to say "To see if my sister can get back into the US to resume her overstay and work there.", or will he say something that supports her case at the risk of lying and being ...


30

I was on a train with a Canadian who experienced this. We left Irkutsk, Russia heading towards Ulan Bator, Mongolia on the ... let's say Tuesday, the last day of his visa. Seemed ok, but we didn't actually cross the border until early on the Wednesday. The result - he was a few hours over his visa. The security and passport people came on the train, took ...


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