dave.wang3000@gmail.com wrote on 03/25/08 00:25:
> I'm curious about the consequences of overstaying US visa. A friend of
> mine told me a rather longish sad story of someone who came to the US
> on student visa with honest intentions to go to college. A year before
> he should graduate, his monies ran out. He then got into a bad
> marriage (during which he never attempted to file a green card).
> Having overstayed his visa by a few weeks, he didn't leave the US for
> fear of not being able to get back, and the unrealistic hope that
> he'll correct his immigration situation, somehow.
>
> Needless to say, he failed to correct his immigration status. the snow
> ball spins and he ends up with several YEARS of visa overstay (several
> years of illegal status).
>
> Other than the above (rather severe) immigration problems, he doesn't
> have any other issues with the law.
>
> The question is, if this person finally decides to end his misery and
> leave the US (for good of course - there is no doubt that he'll never
> be allowed back into the US), will he be at risk of getting arrested
> on his way out (at the borders or airport) or even imprisoned, because
> he overstayed his visa?
They always let a person out.
If he can come back in depends on what visa he had and what his I-94 says.
If he had a student visa, he may have gotten lucky.
An overstay of the date on the I-94 for at least 1 year carries with it a
10-year ban. However, for students on F1, the I-94 usually doesn't have a date
listed on it (it rather says D/S for Duration of status), and in that case, the
time towards the ban only starts once CIS or an immigration judge says so.
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney. |