Leaving the US with expired visa?

[Steph]

My husband is from Germany and has been living in the US for 2 years. His visa has expired many many months ago. We are leaving the country mid august to go to Germany. What kind of problems will he encounter if any while leaving the country?

Thanks!

[pons1]

No problems while leaving the country. He will have to deposit is I-94
card which he received when he entered US. That will record
his departure (and also record his overstay). No one will ask you questions
when you leave. But he will be barred to reenter for a specific period of time
depending on if he overstayed more than 180 days and how much.

[visitvisa]

I think the earlier reply is not neccessarily true.

For example if your visa expires on Jan 31, 2005 and you enterd the country on Jan 25th, 2005 and got a six month visa, you can stay legally in the US until July 25th, 2005. This is true even though visa itself expired on Jan 31st. The guding document here is I-94 and not the visa itself. Ofcourse if his I-94 is expired he may have problem getting future visa to the US. (I thought Germans did not require a visa to visit US?)