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 ...


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.


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 ...


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 ...


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 ...


45

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 ...


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 ...


42

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 ...


37

If your mother's Admit Until date is 25th June then she must leave by that date, unless she can get an extension. If she stays beyond that date then her visa is automatically cancelled and getting another will be difficult. It also rules out any extensions. Source The USCIS can grant extensions provided your mother meets certain criteria - specifically, she ...


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 ...


31

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 ...


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.


30

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 ...


29

As noted in one of the comments, your fine could be as much as 300,000 Philippine pesos, which is about $6300 at the moment. Being unable to pay, particularly given your very lengthy overstay, will probably result in a significant prison term, and/or stay in an immigration detention center, neither of which are a place you want to be. Bottom line, you need ...


29

In a sense you still are, you are on the territory of a Schengen country, its law fully applies, if you did anything that would justify it, you could be arrested by the police, etc. The airport, even the area after the exit passport check is not some sort of extraterritorial area out of reach of the country's laws. That said, if you stay airside in the ...


29

There are a few things here. First is the potential INA 212(a)(9)(B) ban if you leave the US. Specifically, if you accrue 180 days of "unlawful presence" and then leave the US, you trigger a 3-year ban, and if you accrue 1 year of "unlawful presence" and then leave the US, you trigger a 10-year ban. But the definition of "unlawful presence" is somewhat ...


29

The US statutory ban for overstaying, or "unlawful presence" as it is called, is codified at 8 USC 1182(a)(9)(B): (B) Aliens unlawfully present (i) In general Any alien (other than an alien lawfully admitted for permanent residence) who— (I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, ...


28

There's an online site liveinthephilippines that covers this: If you have overstayed, and go to the airport to leave, they will catch you, there is no way around it. What happens if you don’t have the money to pay the fines that are due? Well, if you can’t pay they still won’t let you leave, but they also will not release you. No, they have a ...


27

This is from the nonimmigrant services PDF: I am visiting under the Visa Waiver Program, but I can’t leave as scheduled due to an emergency. Is there anything I can do to extend my stay? If you have been admitted under the Visa Waiver Program and an emergency is preventing you from departing the United States within your period of authorized ...


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