Overstayed visa, leaving the USA with children without partner's approval [closed]

Overstayed visa, leaving the USA with children without partner's approval [closed] - Child Holding Hand of Another Person

A good friend of mine is in an incredibly delicate situation. I hope someone here can help as I can't find anything relevant online. She has been living in the US for over 4 years. She, partner and kids have entered the US on a tourist visa and overstayed. She is breaking up with partner and wants to go back to her country of origin. Her partner is playing hardball and says he will not allow the kids to leave the country. I don't want to go into much detail here, but she has been in an abusive relationship.

The U.S. customs and border protection states the following:

Unless the child is accompanied by both parents, the child must have a notarized letter from the other parent or signed by both parents stating, "I acknowledge that my son/daughter is traveling outside the country with [the name of the adult] with my permission."

If worse come to worst, she can get in touch with immigration and they will probably deport everyone. I believe this would be a terrible outcome as it would be a trauma for her and kids.

So finally, here is my question: My friend is not a US citizen and has overstayed her visa in the USA. Can she buy tickets and leave the USA with her 2 kids? Will she be allowed to leave the USA with 2 kids without her husband's explicit approval?






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Overstayed visa, leaving the USA with children without partner's approval [closed] - Cheerful family drinking tea at home



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.

Can I apply for adjust of status if I overstayed my visa?

You can adjust your status even if you overstayed your visa \u2013 as long as you originally entered the U.S. with a valid visa or visa waiver.

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.

What happens if you marry someone who overstayed their visa?

If you overstay your visa for less than 180 days, you may leave the U.S. and apply for a Green Card through consular processing. If your overstay has been more than 180 days, the only option is to wait for your spouse to become a U.S. citizen and then apply for I-485 Adjustment of Status inside the U.S.



What is a Visa Overstay? Consequences and Solutions to Over staying a Visa




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