Can I voluntarily exit from the US after a 20 year overstay, or could I be detained at the airport?
Is one allowed to travel back to one's country of origin using a valid passport issued by the consular office in the US? Would that trigger detention in the airport?
Overstayed over 2 decades and have a clean record.
Best Answer
The US doesn't have exit checks. You can always exit the US if you don't have a pending arrest warrant. You won't be detained or deported.
You will likely be banned for ten years from coming back to the US and it will be virtually impossible to get a visitor visa afterward.
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Can I leave the US after overstaying?
You can travel and leave the U.S. with Advance Parole, a travel document that grants you travel permissions without risking your green card application. USCIS allows you to apply for Advance Parole even if you overstayed your visa.Can I leave the US if I overstayed my visa?
If you entered the United States legally and overstayed your visa, and your green card sponsor is a U.S. citizen, you can apply for Advance Parole. You'll be able to go abroad and return to the United States without facing re-entry bars.How does the US know if you overstay?
Travel Records It's pretty easy for foreigners in the U.S. to know if they've overstayed their visas. All they need to do is look at their I-94 arrival and departure cards, which clearly state how long they can stay.What is the penalty for overstaying in USA?
a. The Three Year Bar: Persons who overstay in USA for more than 180 days but less than one year after their authorized period of stay has expired, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for three years from their date of departure.Can your loved ones return to the US after Deportation or Voluntary Removal? [Q\u0026A]
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Answer 2
Yes, you are allowed to exit US, both legally (there is no law which would prevent you from leaving) and technically - unlike most other countries, there are no immigration checks when you leave the country.
Departing US after being in US illegally for more than 1 year triggers an automatic 10-years re-entry ban, however, the duration of the ban is only important for certain type of visas (mostly immigrant ones). A non-immigrant visa is unlikely to ever be granted to such a person even after formal ban expires.
Technically, it's departing the US after accruing 1 year of "unlawful presence". One could have "overstayed", without accruing "unlawful presence", depending on what status they entered on and other circumstances.
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