Leaving USA visa expired

K

keldax

New Member
Hi,
I have question, I'm in USA almost 5 years, my visa is 4 years expired. Now I would like go back to my country {czech republic}, but I would like get visa back. I'm just afraid how it going by the leaving USA, if they check my visa, if they put me stamp in my passsport, or if they put me in computer. What chance I have leave USA without problem?
If they put me stamp or something it meant that in ambassy in Czech will know I was here illegal?
thanks
 
Better be very carefully! Do extensive research or hire a lawyer before you leave the US! You overstayed your visa for 4 years... I don't know the details but that should entail pretty severe consequences..

The Czech Republic is part of the EU and therefore you are eligible to travel to the US for 90 days just with your EU passport (visa waiver program).. however as you have overstayed a visa I am not sure if this still applies..

Good luck.. and let us know how things go..
 
No Mercy!!!!

Guys Like U Shud B Kicked Out Of The Country Mercilessly, Regardless Of Ur Nationality!! Wht U Thinking? U Cannot Just Overstay Ur Visa In Any Country!! And Stripped And Starved To Death!!
 
aryank2000 said:
Guys Like U Shud B Kicked Out Of The Country Mercilessly, Regardless Of Ur Nationality!! Wht U Thinking? U Cannot Just Overstay Ur Visa In Any Country!! And Stripped And Starved To Death!!
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Where are you from boy! People like you make me sick.You probably just came to USA and now look at you giving advise left and right to other people.
 
keldax said:
Hi,
I have question, I'm in USA almost 5 years, my visa is 4 years expired. Now I would like go back to my country {czech republic}, but I would like get visa back. I'm just afraid how it going by the leaving USA, if they check my visa, if they put me stamp in my passsport, or if they put me in computer. What chance I have leave USA without problem?
If they put me stamp or something it meant that in ambassy in Czech will know I was here illegal?
thanks
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Hi

You should speak with an immigration attorney as it is very serious to overstay. This is breaking the law so maybe you could be arrested.

There are penalties for overstaying in the USA and you could be subject for a 3 to 10 year ban from re entering the USA
 
Consider yourself very lucky that you have not been tracked down and deported. You have overstayed your visa waiver for 4 years so even though technically you are banned for return for 10 yrs, for all practical purposes you can never come back to the US unless the laws change. I gather that you are more worried about the Czech Rep knowing that you were illegally here. It should not matter to the Czech Govt if you were here legally or not. All you need to do is to buy a one way ticket and leave. Since you are leaving voluntarily no one will stop you from leaving. They don't normally stamp your passport but they might handwrite barred for 10 yrs on it. Doesn't really matter I doubt they are going to scrutinize your Czech passport when you return home and the Czech govt has no access to info on US computers. You can always apply for a new passport when you get home but the information will always be there in the US immigration system.
 
Keldax,
There is no exit control in the US. You are free to leave. Having said that, you do realise that you broke the law (by overstaying)? Since you never left, I assume your original I-94 never made it into the DHS database. You will have a real tough time trying to get your next US visa. The DS-156 will ask you to mention your last trip to the US. If you tell the truth, you will be denied. If you lie, you will commit perjury. You lose either way.
 
Hi Ive been here for 10 months but my visa (tourist visa) expired in 2 months, im from Costa Rica and all my friend here say that i have to stay and actually a will like to stay too, but i dont know what to do
 
The important date is that on your I-94. The visa only authorizes entry. You are likely already illegally in the US since you have been here longer than the maximum stay granted a visitor. You need to leve immediately before you accumulate more time towards either a 3 or 10 year ban from entering. You cannot jsut decide to stay and live in the US. There are very strict rules and numbers of legal residencies granted each year.

Stop taking advice fromn your friend (it could get you held in immigration detention) and see and attorney who will give you the advice I already have.
 
Reichesta said:
Hi Ive been here for 10 months but my visa (tourist visa) expired in 2 months, im from Costa Rica and all my friend here say that i have to stay and actually a will like to stay too, but i dont know what to do
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Seeing that you have been here for 10 months, it is likely that you have been out of status for 4 months not 2 months, as I believe the maximum time allowed to be given by a POE officer is 6 months (check the date on your I94 NOT the date on you actual visa). Once you have overstayed the date on your I94 for 360, a 3 year ban kicks in. Leave now before you accrue this amount of out of status presence.
As has already been stated, you cant just 'choose' to stay. Things just dont work like that. You need to be able to qualify for an appropriate visa to live and work in the US.
 
elcupacabras said:
Seeing that you have been here for 10 months, it is likely that you have been out of status for 4 months not 2 months
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It's possible that he's been illegally present for 8 months, not 4, since he said the tourist visa expired in 2 months. Either way, the visa is void and he is illegally present. He may be subject to the 3 year bar.

Once you have overstayed the date on your I94 for 360, a 3 year ban kicks in
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No. Once you are illegally present for 180 days, the 3-year bar kicks in. Once you are illegally present for 365 days, the 10-year bar is triggered.
 
In your case, the only thing that can save you is to marry a US citizen ( a real marriage not a fake one) . Otherwise, you have already accrued more than 365 days of visa overstay, hence the 10 year bar apply in your case. By the way, how did you manage to overstay knowing that US immigration is very tough specially after 9/11 ???
 
"By the way, how did you manage to overstay knowing that US immigration is very tough specially after 9/11 ???" This is just an answer to the question. Not encouraging the behavior. Immigration doesn't come looking for people overstay or not. You come to them by getting arrested, or trying to be legal but get denied for some reason and have to go to immigration court, or you've been ordered deported but don't leave.

As for the Chech republic guy Keldax, ignore all the Xenophobic comments they don't matter. Nothing prevents you from leaving the US. No one will check your visa or I94 when you leave. There are no negative consequences for leaving. Comming back however is a different matter. If you've been out of status for one year, you will be bared from returning to the US for 10 years. Or be banned for 3 years if it's under six months. The counting date is the date on your I94.
It's not tru that you can never get a visa if you've been bared for 3 or 10 years. You can get a waiver for a Non Immigrant visa. While it's a long shot, it can be done.
 
You have two options, like already mentioned: 1) you marry your (hopefully american) girlfriend and do AOS, or you 2) leave. If you leave, study this carefully. Just FYI, no matter what people might tell you otherwise, people HAVE left after overstays and entered successfully again. The system is not as foolproof as it seems, but it's much better after 9/11. Since you're already illegal, I suggest you 1) lose you i-94 and 2) maybe leave by land, not air.

This might only help you if you decide to come back via visa waiver some day, and get lucky with a stressed POE officer too lazy to check flight manifests. It's a remote chance, but a chance nevertheless. You'll never get a Visa again, because you'd have to lie about any previous overstay. If that is caught (and chances are HIGH) it'll result in a lifetime ban.
 
That is, you'll never receive a Visa within the period of your ban. After, it's possible, but much harder.
 
I entered USA in 2000 on a student (F1) visa. The I-94 on my passport says F1 D/S. I stayed in school till 2002 after which i dropped out of school. No one from school or any immigration representatives from US contacted me. I was never caught or have any criminal or any other kind of offense. I stayed in the US till 2008. My student visa was approved from Aug 2000 to Aug 2005. I had paid taxes while I was in school till 2002 but after that since I did not go to school I did not file any taxes.

After that I married my wife ( who was on green card since 2005) in 2007. She has an excellent career (nurse) and a great job in US. Meanwhile I moved (left voluntarily) to Canada and became a permanent resident here in Canada since 2008. My wife is eligible to become a USC next month. It has been really hard for us to stay apart. She has been staying in US while I have been in Canada. I am about to complete my MBA here in Canada in few months. I want to go back to US and live with my wife there. She has traveled to Canada to visit me only thrice since we started living apart.

My question is that I learnt from here and other websites that if an Immigration Judge or any other US govt officials never contacted me or was ordered removal from the country. Am I still subjected to 10 yr ban. Is there a chance that I will be waived I 601 (hardship for USC). What are my chances for approval?

Please guide..........and help

Thank you
 
Leaving the U.S.

My friend,

You should not be worried at all, even if you receive 10 year ban entry. Go back to your own country, live your own life and be cool. I'm more than confident that in your own country you'll have a better life than in the U.S.. Europe is the place to live.

Comment based on experience.
 
There are literally thousands who are visa overstayers. Some by few months and some by more than 10 years. The ICE does not come and look for people who are out of status. There is no tracking. I know literally atleast a dozen who have overstayed thier visas and even reported on one of them, but no action was taken. According to ICE only if they commit a crime or get caught driving without a license or DWI/DUI etc., then they can be caught and be deported, even that is not the case in many cities where the police are instructed to not check on the immigration status.

Most of these people are hoping for the amnesty or they can marry a US citizen, but many are already married in their native countries.

Solution to the Czech and Costa Rica guy is to leave the country by land. That way they have no track record of you leaving the country. Then take a chance again by reentering the country may be a few months from now. Many of the I-94 never make it to the system.
 
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