i94 expired travel within the US, problem?

[Chandysweetie 0]

About 3 weeks ago, I was scheduled to depart from the US because I only had a few days left in my tourist visa before it expires. I lived in San Francisco then I received news from my relative in Florida, there was an emergency and they needed my assistance, my aunt slipped in the bathroom and hurt her back so bad she couldn't walk or move. So I ended up caring for her because her kid was too young and she doesn't know what to do, my visa and i94 has expired 2 and a half weeks ago. I wish to travel back to san francisco to continue packing my stuff and go home to our country. Will I have any problem or will i be detained at the airport? What if i explain my case just so i could get the rest of my stuff and go home.

I read that TSA doesn't check immigration status but will I be stopped at FLL or SFO when I fly back?

[TBoneTX 45,914]

*** Thread moved from Philippines regional forum to the Working & Traveling forum -- topic involves status as a traveler. ***

[Hypnos 6,578]

You are correct in that TSA does not routinely check immigration documentation to ensure you are legally present in the US; it isn't unknown for them to bring a particular person to CBP's attention for them to check instead, however. This is how an immigration activist who was undocumented was detained in McAllen, TX a couple of years ago.

Your valid foreign passport should get you everywhere you need to go. It's unlikely you would be detained whilst trying to fly around the US, but it could happen and has happened to others.

Edited January 24, 2016 by Hypnos

[Chandysweetie 0]

You are correct in that TSA does not routinely check immigration documentation to ensure you are legally present in the US; it isn't unknown for them to bring a particular person to CBP's attention for them to check instead, however. This is how an immigration activist who was undocumented was detained in McAllen, TX a couple of years ago.

Your valid foreign passport should get you everywhere you need to go. It's unlikely you would be detained whilst trying to fly around the US, but it could happen and has happened to others.

I've read about that and that's what I am worried about, but wasn't he caught because he was near a us border patrol checkpoint? Does florida have that or san francisco? Just want to make sure. My things are important especially the stuff I bought for family and my documents. I need to get them and bring it home

[Greenbaum 12,259]

Chandysweetie, on 23 Jan 2016 - 10:46 PM, said:

About 3 weeks ago, I was scheduled to depart from the US because I only had a few days left in my tourist visa before it expires. I lived in San Francisco then I received news from my relative in Florida, there was an emergency and they needed my assistance, my aunt slipped in the bathroom and hurt her back so bad she couldn't walk or move. So I ended up caring for her because her kid was too young and she doesn't know what to do, my visa and i94 has expired 2 and a half weeks ago. I wish to travel back to san francisco to continue packing my stuff and go home to our country. Will I have any problem or will i be detained at the airport? What if i explain my case just so i could get the rest of my stuff and go home.

I read that TSA doesn't check immigration status but will I be stopped at FLL or SFO when I fly back?

I found this and hope is some help. I can't comment on what you case will become as I am not immigration lawyer nor do I have experience with your situation. Short over stays like yours will likely get you a 3 year band from ever getting a visa again. Likely overstay penalties are handed out in 3 year, 10 year and also indefinitely. This is very serious. I recommend seeking an immigration lawyer for additional guidance.

What if I Decide to Stay Longer and am Out-of-Status with the Department of Homeland Security?

You should carefully consider the dates of your authorized stay and make sure you are following the procedures. Failure to do so will cause you to be out-of-status.

Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the United States, is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the United States. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above. Select Classes of Aliens Ineligible to Receive Visas to learn more.

https://travel.state.gov/content/visas/en/general/visa-expiration-date.html#4

[Dave&Roza 748]

About 3 weeks ago, I was scheduled to depart from the US because I only had a few days left in my tourist visa before it expires. I lived in San Francisco then I received news from my relative in Florida, there was an emergency and they needed my assistance, my aunt slipped in the bathroom and hurt her back so bad she couldn't walk or move. So I ended up caring for her because her kid was too young and she doesn't know what to do, my visa and i94 has expired 2 and a half weeks ago. I wish to travel back to san francisco to continue packing my stuff and go home to our country. Will I have any problem or will i be detained at the airport? What if i explain my case just so i could get the rest of my stuff and go home.

I read that TSA doesn't check immigration status but will I be stopped at FLL or SFO when I fly back?

First, the TSA is not a LEO and cannot arrest you, they must call over the local police. Second, TSA has nothing to do with immigration. Their function is to check you government issued ID against your boarding pass. Then they are to prevent you from taking anything hazardous onto the airplane. They tend to fail at this when tested, but you still must take your shoes off and remove your belt. All GW did was take the private security that the airports used and made it a federal agency, TSA, under the newly created DHS. Now that the I-94 is electronic, it will be harder for them just randomly look thru your passport to know if you are an over-stay or not. Especially since you have not over-stayed for too long.

Now if you were to drive I-10 in NM, AZ, or CA, you would have a better chance of a CBP black SUV pulling you over to check your papers than you will in an airport at FLL or SFO. Just hand them your passport and boarding pass with the passport open to the bio page. I have travelled using my passport a lot and I have never seen the TSA flip thu the passport nor has my wife.

Dave

[caliliving 606]

where are you from? The chance of you getting deported or banned while you are here is very slim. Their are 11million overstays and illegals currently living here. However, good luck getting a visa ever again. The chances of that is slim, nil, nada. You should have left before the date, and now you wont be able to come back for at least 3 years, if ever.

[caliliving 606]

And, as long as you have a valid passport you wont be detained at the border as it is legal to travel inside the country with a valid ID (passport or DL).

Where are you from?

[Chandysweetie 0]

I found this and hope is some help. I can't comment on what you case will become as I am not immigration lawyer nor do I have experience with your situation. Short over stays like yours will likely get you a 3 year band from ever getting a visa again. Likely overstay penalties are handed out in 3 year, 10 year and also indefinitely. This is very serious. I recommend seeking an immigration lawyer for additional guidance.

What if I Decide to Stay Longer and am Out-of-Status with the Department of Homeland Security?

You should carefully consider the dates of your authorized stay and make sure you are following the procedures. Failure to do so will cause you to be out-of-status.

Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the United States, is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the United States. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above. Select Classes of Aliens Ineligible to Receive Visas to learn more.

https://travel.state.gov/content/visas/en/general/visa-expiration-date.html#4

where are you from? The chance of you getting deported or banned while you are here is very slim. Their are 11million overstays and illegals currently living here. However, good luck getting a visa ever again. The chances of that is slim, nil, nada. You should have left before the date, and now you wont be able to come back for at least 3 years, if ever.

Thanks, I am from the Philippines. I am just going home to give my family the stuff I have for them before I start my work in New Zealand. Thank you for your input..

And, as long as you have a valid passport you wont be detained at the border as it is legal to travel inside the country with a valid ID (passport or DL).

Where are you from?

From the Philippines sir. Thank you for your answer

You are correct in that TSA does not routinely check immigration documentation to ensure you are legally present in the US; it isn't unknown for them to bring a particular person to CBP's attention for them to check instead, however. This is how an immigration activist who was undocumented was detained in McAllen, TX a couple of years ago.

Your valid foreign passport should get you everywhere you need to go. It's unlikely you would be detained whilst trying to fly around the US, but it could happen and has happened to others.

First, the TSA is not a LEO and cannot arrest you, they must call over the local police. Second, TSA has nothing to do with immigration. Their function is to check you government issued ID against your boarding pass. Then they are to prevent you from taking anything hazardous onto the airplane. They tend to fail at this when tested, but you still must take your shoes off and remove your belt. All GW did was take the private security that the airports used and made it a federal agency, TSA, under the newly created DHS. Now that the I-94 is electronic, it will be harder for them just randomly look thru your passport to know if you are an over-stay or not. Especially since you have not over-stayed for too long.

Now if you were to drive I-10 in NM, AZ, or CA, you would have a better chance of a CBP black SUV pulling you over to check your papers than you will in an airport at FLL or SFO. Just hand them your passport and boarding pass with the passport open to the bio page. I have travelled using my passport a lot and I have never seen the TSA flip thu the passport nor has my wife.

Dave

Thank you for all your answers. I will be sure to update if anything happens. I appreciate all your answers

[newacct 688]

I found this and hope is some help. I can't comment on what you case will become as I am not immigration lawyer nor do I have experience with your situation. Short over stays like yours will likely get you a 3 year band from ever getting a visa again. Likely overstay penalties are handed out in 3 year, 10 year and also indefinitely. This is very serious. I recommend seeking an immigration lawyer for additional guidance.

This is incorrect. The OP will have no ban from leaving after an unlawful presence of less than 180 days.

[Greenbaum 12,259]

newacct, on 24 Jan 2016 - 04:10 AM, said:

This is incorrect. The OP will have no ban from leaving after an unlawful presence of less than 180 days.

Can you please site your source. I'd like to learn more about overstays.

[Alex B 9]

This article pretty much sums it up. https://www.temple.edu/isss/immigration/overstay.html

Basically you shouldn't be here but under no circumstances do you want to be here after 180 days because then it starts to get increasingly ugly for you.

The ban seems to come with INA 212(a)(9)(B) which mentions the 180 days. However, 222(g) says that overstay cancels your visa and says that you now must apply for all visas in your home country. I suspect, but don't know, that this would make you ineligible for the visa waiver program.

Edited January 24, 2016 by Alex B

[Greenbaum 12,259]

Alex B, on 24 Jan 2016 - 2:42 PM, said:

This article pretty much sums it up. https://www.temple.edu/isss/immigration/overstay.html

Basically you shouldn't be here but under no circumstances do you want to be here after 180 days because then it starts to get increasingly ugly for you.

The ban seems to come with INA 212(a)(9)(B) which mentions the 180 days. However, 222(g) says that overstay cancels your visa and says that you now must apply for all visas in your home country. I suspect, but don't know, that this would make you ineligible for the visa waiver program.

Thank you for the article. You have enlighten me to the correct interpretation and now I am more in tune with the regulations. Thanks for sharing.

[Dashinka 24,731]

This article pretty much sums it up. https://www.temple.edu/isss/immigration/overstay.html

Basically you shouldn't be here but under no circumstances do you want to be here after 180 days because then it starts to get increasingly ugly for you.

The ban seems to come with INA 212(a)(9)(B) which mentions the 180 days. However, 222(g) says that overstay cancels your visa and says that you now must apply for all visas in your home country. I suspect, but don't know, that this would make you ineligible for the visa waiver program.

First, thanks for the reference, it is always interesting to learn more about the various processes, and results.

I am certainly no lawyer, but this seems to apply to those that applied and received non-immigrant visas but over-stayed vs those that came in without a visa. The question that I have is when does a visa overstay become an unlawful prescense subject? I agree,it seems to be the 180 day period, and that even though a person who overstays a visa is in actuality unlawfully present in the US, they seem to forgive it slightly (I.e. No ban) if you leave within the 180 days.

Anyway, interesting information. Thanks.

[caliliving 606]

ahhh right, you wont get a ban but it is going to be VERY difficult to get any non immigrant visa F1/B2/VWP in the future:( just understand you probably wont get able to visit again as you will be in the system as an overstay. However, you probably will be able to apply for a K1, CR1 and not have a problem..