How do i get out of here?

S

Stranded

New Member
Hi everyone.

I'm a British citizen but permanent resident of another country. Three years ago i came to the USA for a holiday, met a man and started a relationship with him, returned and left a couple of times. Then last year i came back and he asked me to stay permanently. I came here under the Visa Waiver scheme, which meant i should have left after 90 days, but i have now been here just over 15 months.

I want to return to my country of residence but if i allow myself to be deported i'm afraid that i'll be sent to England because of my British passport. How do i voluntarily leave before anything official happens? Do i simply make a reservation on an airline, turn up at the airport, present my passport and then face the music when the American immigration people discover that i've overstayed? Would they try and detain me or fine me? I'm not concerned about never being allowed to come back here but i don't feel emotionally capable of going through a lot of fuss or interrogation at the airport (going through relationship breakdown at this stage).

I need help, like step-by-step instructions on how to get myself out of here. I also have to organise some way of going without my partner knowing what's happening (yes, i'm a coward).

I've also forfeited my return air fare by not leaving on the flight i was booked on a year ago. I'll have to borrow money from my family overseas to pay for the flight but that's a small issue.

Any help or advice would be greatly appreciated. I'm also thinking of calling the British consulate but not sure what they might feel legally bound to do (eg, report me to the American government) so i'm putting that off for the time being.
 
There Are two options that will work for you.

1. If you want to be deported at the governments expense, You cannot just show up at the Dep. Of Homeland Security and ask to be deported or ask for voluntary departure. You can surrender your self as an illegal alien (which wont be smart) and get detained then you will be placed in official deportation/removal proceedings where by you will have to see an immigration judge then pleade your case. He will either grant you with your voluntary departure where u pay for your travelling expense. Or Order the US. GOV to deport you where the Gov. pays all the expenses. Now this process will take you some time in jail and about 2 to 6 months.

2. You can go buy your plane ticket to ANY country you want to go to. Have a valid passport and leave America. You will not be harassed by USCIS/immigration. They will not ask you any question regarding your immigration status. All they will do is stamp your passport and take your finger prints.

WARNING!!
Once you leave the country you WILL BE automatically BANNED for 10 years from entering into the U.S.A You cannot get any form of a VISA what so ever. If you try enter with your British passport at any port of entry you WILL BE DEPORTED and DENIED entry at that point. You will not even get to see the judge. Even if you are later marry a US Citizen entering the country will be possible but extremely difficult and your will need attorneys to help you with the paper work.

More Info.
If you are placed in removal/deportation proceedings the country you want to be sent back to must be willing to accept you. The country in which you hold citizenship of is always immigrations first preference. If your home country does not want to accept you then immigration will work attempt sending you to the country which you are a permanent resident.

If you have any more question feel free to ask

Good luck
 
Letsien is right, you can leave out of any airport you choose. Once you have overstayed your Visa Waiver it is a done deal and you can never return so no one will question you when you leave. Even though you are barred for 10 yrs you can't just automatically return after that time period. You have to file forms 212 and 601 to get permission to re-enter and since you have already broken the law you will not even be considered, not even if you marry a US citizen at some point.

The only thing I would like to add here is that you should buy a ticket that has no stops/changes within the U.S. Just in case there is a deportation order already out, you may face some complications if your flight does not fly directly to another country. When my husband was held at the deportation centre I begged to be allowed to buy his ticket so that he would not have to spend a minute longer than neccessary, as there really was no point since he was not allowed to see a judge under the Visa Waiver programme. The instructions given to me was to purchase a ticket that had no stops in the U.S. He was escorted to the plane and allowed to leave from LAX - Frankfurt - Rome in the middle of European winter with just the clothes on his back. I was not allowed to see him or give him money or pack a suitcase for him.

It is not a pleasant experience being deported and kept in jail and besides it is not fair that US tax payers should pay for your choices.
 
I know that money is tight with you, but you can travel to Canada by bus and show your British pass upon entry to Canada ...and leave Canada legally to what ever destination you want!
 
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