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Expired i-94 and scared of being caught on airport on departing the US

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  • Expired i-94 and scared of being caught on airport on departing the US

    Hello, my boyfriend is an Indian citizen he came here on a C-1 visit and did not board the ship instead he stayed on land and worked. His i-94 is expired but his C-1 visa is still valid.

    He has decide to return to india but he is very scared that he will be caught on the airport upon U.S depart to India by immigration and be penalized. He is even scared to travel to another state. he had to come to NY from Ca and he got to the airport saw security border officers and he got scared and did not take his flight.

    This fear is almost driving him insane and is delaying his departure. He would like to be back in U.S this time he is planning on optioning a F1 visa.

    my question is can he be caught and penalize by immigration on his exit from the U.S back to his coutry even if he overstayed his time and was illegal here?

    Is there immigration check at airports when someone is returning to their country?

  • #2
    They will not question him at exit but whenever he tries to re-enter later, he will be questioned about his previous overstay. Working illegally is a more serious matter.
    This is my opinion and not legal advice.

    Comment


    • #3
      He can leave without any issues. How long has he been illegal? Based on it, he has a 3 or a 10 year ban from entering US again.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        and the C-1 visa is NOT valid. Once you overstay your i-94 any visa is voided.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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        • #5
          bann from US

          Originally posted by txh1b View Post
          He can leave without any issues. How long has he been illegal? Based on it, he has a 3 or a 10 year ban from entering US again.
          What about if someone was illegal there for 1 year? The visa was for 4 months and the person was there for 16 months. How long is he banned from US?

          Thanks

          Comment


          • #6
            10 years.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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