OverStay

[ghanni]

Sir,
what will happen if the I94 extension was denied and if the person overstayed for couple of months? While going back to India will the person have any issues at the airport?
I understand the visa will be void but will there be any legal action taken? Kindly respond.

[PraetorianXI]

The person must leave within 30 days before they are subject to deportation. If they leave on time, there is nothing to worry. USA does not have "exit" controls for overstays... they want you to go home.

[peace]

There is no inspection at US departure , so you can leave without any problems.

But while in US ,you should be careful if you are out of status.
Any brush with law eg. drunken driving or any traffic violation can land you in detention.

[ghanni]

Thanks both for your responses. The person doesn't work or drive.He is old. Due to illness he had to overstay for 2 months after the I94 expiry date and now healthy enough for travel back. He has no intention to come back. Will it be a problem if he visits other states via air before this return journey? While travelling between states will they verify his I94?

[peace]

Yes, it could be. If he has no other form of ID , he will have to show his passport as an ID , where his overstay could be detected.

[ghanni]

Thanks very much for your advice.

[txh1b]

If he is fit enough to travel between states, I would suggest he should leave the US immediately as his valid stay has expired. If you have applied for an extension before the I-94 expired, then it is a different story.

Like someone suggested, TSA doesn't deal with I-94 dates, visa expiry dates or extensions. But, personally, they have the authority to alert other departments if they feel a need to do so which could land the visitor in problems.

I have personally run into some overzealous TSA officers at the airport that wanted to see my visa when I presented them my DL. I chose to rightfully answer them that I do not carry my passport while travelling domestic destinations and they just let me go. Of course, as an immigrant, I am required to carry my valid I-94 with me at all times as per immigration laws.

In another instance, while flying to Canada, I had 2 passports and the TSA person was wanting to see my old passport (Don't know why, may have wanted to see what all countries I travel to and evaluate my potential risk). The point I am trying to make is TSA can choose to ask whatever they want to and cause unnecessary delays. If it is legal or not is a different story. You just don't want hassles and delays while you travel.

[immihelp]

We try to review as many posts as we can and as fast as we can. And we take appropriate action.

Depending upon our other workload, there may be delays in reviewing the posts. Therefore, if someone wants us to review something out of turn or urgently, please report the post. There is a button on the right top of each posting. And we will review it immediately (out of turn) and take appropriate actions.

I hope that works out good for everyone here.

If any one has any better suggestions, please feel free to post them here or better yet, send me a private message or email to info [at] immihelp.com

[PraetorianXI]

We try to review as many posts as we can and as fast as we can. And we take appropriate action.

Depending upon our other workload, there may be delays in reviewing the posts. Therefore, if someone wants us to review something out of turn or urgently, please report the post. There is a button on the right top of each posting. And we will review it immediately (out of turn) and take appropriate actions.

I hope that works out good for everyone here.

If any one has any better suggestions, please feel free to post them here or better yet, send me a private message or email to info [at] immihelp.com

What is this about?

[immihelp]

There were many improper posts in this thread that I deleted.

There was a long discussion whether a particular member was trying to give advice to do illegal/improper things, fraud etc. And many members including yourself were cricitizing that person for doing so.

One member even asked whether immihelp admin had the bandwidth to check the posts and delete inappropriate ones.

Therefore, I deleted all those improper posts and wrote this remark.

[txh1b]

Got it! I remember the context now. It was about hiding the I-94 suggestion.