Leaving the US on overstayed visa

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topgear3

New Member
Five years ago I married my wife while she was on the Visa Waiver Program. I am a US citizen and she is from Australia. We tried working things out, but unfortunately we have gone through a long period of separation and will divorce on amicable terms. There was no adjustment of status made (although we planned to in the past before the relationship not working out), and at this point she just wants to return back to her native country of Australia so we can finalize things. Will she have any issues at the airport leaving the US? She has her original passport which is current.

We have consulted an immigration lawyer who will contact us tomorrow after exploring the issue in more detail, but the lawyer has said there might be a slight chance she could be required to fill out additional forms in order to leave, even if she simply wants to return and does not care about the 10 year ban. The lawyer's explanation is that given the latest current events with the failed bombing in Detroit, there could be morel steps. We already booked the flight and are willing to pay for any additional fees or forms, but from previous research our understanding was that if person out of status with their VWP/Visitor visa wanted to return to their country, there wouldn't be an issue or holdup at the airport from Immigration leaving-- only if she ever wanted to return to the US (which she does not). Is that still true?
 
topgear3 said:
Five years ago I married my wife while she was on the Visa Waiver Program. I am a US citizen and she is from Australia. We tried working things out, but unfortunately we have gone through a long period of separation and will divorce on amicable terms. There was no adjustment of status made (although we planned to in the past before the relationship not working out), and at this point she just wants to return back to her native country of Australia so we can finalize things. Will she have any issues at the airport leaving the US? She has her original passport which is current.

We have consulted an immigration lawyer who will contact us tomorrow after exploring the issue in more detail, but the lawyer has said there might be a slight chance she could be required to fill out additional forms in order to leave, even if she simply wants to return and does not care about the 10 year ban. The lawyer's explanation is that given the latest current events with the failed bombing in Detroit, there could be morel steps. We already booked the flight and are willing to pay for any additional fees or forms, but from previous research our understanding was that if person out of status with their VWP/Visitor visa wanted to return to their country, there wouldn't be an issue or holdup at the airport from Immigration leaving-- only if she ever wanted to return to the US (which she does not). Is that still true?
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She doesn't need to fill anything out. She can just leave. Lawyer is trying to sock it to you by making a few bucks on the way.
 
Hi to All,
I have similar question, please help me get right answer.
I came to USA on B1/B2 visa ( 10Y). Then I gat H1B visa, before expiration I was applying to EOA green card.
My case was denied, because I was overstayed my visa. I didn’t know that. It was mistake made by lawyer. It is so sad.
Then I left USA as son as I was informed about overstay. Now I wan to visit my friends in USA, using my old B1/B2 visa. This visa is still valid until May of 2011.
My question is: Did I have possibilities to enter USA on B1/B2?

Sincerely,
Ausrafl
 
You need to find out just how long the overstay was and whether the overstay was long enough to incur a 3 or 10 year ban.

Overstay over 180 days = 3 year ban.

Over 360 days = 10 year ban.
 
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