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Zeus

Visa Overstay return options

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Filed: Timeline

I have a friend who was visiting the USA on a tourist visa from Colombia. She overstayed the visa and now has exceeded the visa by about one year. She has family (son and mother) in Colombia and a valid passport (Colombian), and she wants to return. She is trying to figure out what here options are. Can she fly directly back from LAX? Will the expired visa give her a problem?

She is considering returning through Mexico because she thinks that she cannot leave directly from the USA. Is this really a valid option? I don't know if she would have similar problems in Mexico, although I know she could make it across the border (they really dont care about the people going in that direction).

Any info would be appreciated,

Zeus

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Filed: Citizen (apr) Country: China
Timeline
I have a friend who was visiting the USA on a tourist visa from Colombia. She overstayed the visa and now has exceeded the visa by about one year. She has family (son and mother) in Colombia and a valid passport (Colombian), and she wants to return. She is trying to figure out what here options are. Can she fly directly back from LAX? Will the expired visa give her a problem?

She is considering returning through Mexico because she thinks that she cannot leave directly from the USA. Is this really a valid option? I don't know if she would have similar problems in Mexico, although I know she could make it across the border (they really dont care about the people going in that direction).

Any info would be appreciated,

Zeus

Can fly directly home from any international airport, not needed to go through Mexico. How do you think people who have overstayed from Europe, Asia,and any other country in the world return hone after an overstay? They don't make a land crossing to Mexico first, they just book a plane ticket home and get on the international flight.

Expired visa will not cause any problem, just turn in the I-94 card when leaving.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

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Filed: Citizen (apr) Country: Colombia
Timeline

She won't need anything but her Colombian passport to get back to Colombia. She can fly directly from LAX on any flight she chooses.

Diana


CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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Filed: AOS (apr) Country: Peru
Timeline

They don't care if she's overstayed her visa...they'll let you leave just won't let her back in :)


this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

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Filed: Timeline
They don't care if she's overstayed her visa...they'll let you leave just won't let her back in :)

Yeah - Thats why she was/is considering leaving through Mexico. She believes that wthout proof of exiting the US, she might be able to return one day. She could say she was in Mexico - but she has no proof of that either, except when she left. I am not hot on the idea, but it seems to be what she wants to do. Does any one know if a return to the US is possible if you they never have proof of you leaving?

Zeus

Edited by Zeus

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They don't care if she's overstayed her visa...they'll let you leave just won't let her back in :)

Yeah - Thats why she was/is considering leaving through Mexico. She believes that wthout proof of exiting the US, she might be able to return one day. She could say she was in Mexico - but she has no proof of that either, except when she left. I am not hot on the idea, but it seems to be what she wants to do. Does any one know if a return to the US is possible if you they never have proof of you leaving?

Zeus

The burden of proof is on her to show that she left without overstay. This is usually accomplished by turning in the I-94 on departure. If there is a doubt about when she left and she can't prove she left ontime, she may well be turned away. The burden is not on the US to show that she overstayed--the burden is on her to show that she did not.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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