Visa Overstay return options

[Zeus 0]

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

[YuAndDan 153]

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.

[Mononoke28 134]

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

[athena_ny 1]

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

[Zeus 0]

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 January 30, 2008 by Zeus

[john_and_marlene 162]

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.