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HELP - Overstay for 2 years. What will happen when I leave USA?

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Hi all,

My great aunt came to the USA on August 2012 with a B-1 visa, 6-month I-94. She came here to get away from her abusive husband. She's so scared of her husband that she didn't want to come home after her I-94 expired and we didn't think of extending I-94. Now her husband just died, so she is willing to leave here to come back to her country.

I know she will be barred from entering USA, but it doesn't matter because she doesn't intend to come back anyway. But the question I want to ask is, we have already booked flight for her to come home next month, but will she be questioned and treated differently at the airport during custom?

She is old (72) and not as healthy, I'm afraid she will get so scared and have a heart attack if they keep her in a room (as in immigration detention). Will her unlawful presence affects my aunt, who let her stay here for the extended period? Do they ask about all of the people who get involved in this case?

Please let me know if you know anything so that we can get prepared and expect what to come.

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B1 aged 72?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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The US has no exit controls, so she will not be detained if she attempts to leave.

She will receive a ten year bar from the US after she departs, but if she has no intention of returning as you say then it won't be a problem.

Edited by Hypnos

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She would have to see a judge and go through INS processing if she entered illegally but since she overstayed on a legitimate entry in this case, she is free to go unhindered.

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Thank you all so much for your replies. If that's true then it's great. My poor great aunt haha, I was so worried for her.

Oh and btw her Visa is personal tourism/pleasure, so whatever B visa it is (1/2) Sorry for the confusion.

Don't worry about it, it's true.....no matter the visa type.

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She would have to see a judge and go through INS processing if she entered illegally but since she overstayed on a legitimate entry in this case, she is free to go unhindered.

Wrong... anyone NOT being deported or VD with a valid PP

can leave the USA...no exit visa or judge imput is required,

neither are they questioned as long as they go thru TSA with

no contrabands........Sad at age 70 this lady had an abusive

partner

Edited by Jawaree

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I see no problem, just let her leave, and yes she will leave with a ban from the USA, for many years, she sounds like she does not want to return BUTplease, make sure she understands, what is going on!

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hi

she can leave whenever she wants to, no one will question her, in interrogation style, everyone is free to leave, as long as they have an ID and a valid passport

I was flying from LAX to Japan on to Manila and in LAX after we had went thru the line and the flight attendant took your ticket and give you your stub there were Immigration Control shaking down the Philippines citizens asking them if they had worked in USA, etc

So I have personally seen them questioning, now this was the only time I have ever seen it on many trips out of USA

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I have heard of similar situations for this returned ing south of the border. Seems pretty rare but does happen.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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