Overstayed visa - problems going home?

[blackeyedsusan 29]

If somebody has a significant overstay from a tourist visa (7 years), and they willingly leave the U.S. to go back to their home country, how likely are they to encounter problems leaving the U.S.? Also, the passport for her home country is expired, so how could she get it renewed? I understand there is a ban then for reentering the U.S., but I need to know what the consequences are for getting out of the U.S.

[GreatDane 366]

5 minutes ago, blackeyedsusan said:

If somebody has a significant overstay from a tourist visa (7 years), and they willingly leave the U.S. to go back to their home country, how likely are they to encounter problems leaving the U.S.? Also, the passport for her home country is expired, so how could she get it renewed? I understand there is a ban then for reentering the U.S., but I need to know what the consequences are for getting out of the U.S.

There is no immigration controls when leaving the country. They won't face any issues, except that they are travelling without a valid passport.  Your airline would very likely not check you in and refuse you to board. Your destination country (even if it's your country of citizenship) would very likely deny you entry. She/he should get their passport renewed.

You can read more about the process here: http://haiti.org/issuing-passports/ 

Edited June 19, 2018 by GreatDane

[KazuriSana 324]

3 minutes ago, blackeyedsusan said:

If somebody has a significant overstay from a tourist visa (7 years), and they willingly leave the U.S. to go back to their home country, how likely are they to encounter problems leaving the U.S.? Also, the passport for her home country is expired, so how could she get it renewed? I understand there is a ban then for reentering the U.S., but I need to know what the consequences are for getting out of the U.S.

 

No issues when getting out. Just go to your embassy/consular, renew your passport, get to the airport, and you will breeze through check-in.

[KDMG12 9]

But does this person want to return to the U.S.? She can get a new passport at her local consulate. But I would be very wary of leaving the U.S. after an overstay.

[Cyberfx1024 7,980]

3 minutes ago, KDMG12 said:

But does this person want to return to the U.S.? She can get a new passport at her local consulate. But I would be very wary of leaving the U.S. after an overstay.

That is the big question now isn't it. If they just want to go home then they can update their passport or get a travel document and then go home. But that would lead to a 10 year ban. If they want to go home and come back then they have to get a waiver in order to come back. 

[KazuriSana 324]

4 minutes ago, KDMG12 said:

But does this person want to return to the U.S.? She can get a new passport at her local consulate. But I would be very wary of leaving the U.S. after an overstay.

From the post, it looks like this person wants to return home and is willing to swallow the re-entry ban. Looks like only worry she/he has is that he/she might be arrested at the airport for overstay.

[SusieQQQ 11,586]

16 minutes ago, GreatDane said:

There is no immigration controls when leaving the country. They won't face any issues, except that they are travelling without a valid passport.  Your airline would very likely not check you in and refuse you to board. Your destination country (even if it's your country of citizenship) would very likely deny you entry. She/he should get their passport renewed.

You can read more about the process here: http://haiti.org/issuing-passports/ 

 Most countries allow their nationals entry even with an expired passport. It’s the fact of citizenship that matters to them. Whether or not OP will be allowed to board an international flight without a valid passprt is another question. First port of enquiry should be at nearest Haitian embassy or consulate to enquire about getting a new passport. 

[blackeyedsusan 29]

Thanks for the advice. She knows about the 10 year ban and is in the process of deciding if that's what she wants to do. If she goes home, it will be permanent. But at least I can relieve her fears of being arrested at the airport. So she'll just need to get her passport renewed if that's what she decides to do. 

[ItsSunny2Day 17]

1 hour ago, blackeyedsusan said:

If somebody has a significant overstay from a tourist visa (7 years), and they willingly leave the U.S. to go back to their home country, how likely are they to encounter problems leaving the U.S.? Also, the passport for her home country is expired, so how could she get it renewed? I understand there is a ban then for reentering the U.S., but I need to know what the consequences are for getting out of the U.S.

Sending you a private message. Check your inbox.

[Boiler 45,497]

Somebody here out of status always has the risk of being picked up, some Consulates will issue travel documents rather than Passports but similar deal, one shot document to leave and most unlikely to be an issue, after all the US is glad to see them gone.

[Calicolom 266]

17 hours ago, SusieQQQ said:

 Most countries allow their nationals entry even with an expired passport. It’s the fact of citizenship that matters to them. Whether or not OP will be allowed to board an international flight without a valid passprt is another question. First port of enquiry should be at nearest Haitian embassy or consulate to enquire about getting a new passport. 

I would not try to enter any country with an expired passport.

[kemm360 144]

They wont be arrested, they will only be banned from re entering for 10 years.

[NYCruiser 423]

As far as I know the US does not 'technically' have Immigration Exit controls like most if not all countries in the world. However, as has been said she has a 10 year ban on entry. 

In other countries, an Overstay results in imprisonment or a fine plus a stamp 'Prohibited Immigrant'

[geowrian 22,337]

A valid passport (or other travel document) will be necessary to board the flight. As long as they can show their citizenship, the country should accept them. Travel documents besides a passport can be issued by their county of citizenship's embassy/consulate.

1 hour ago, NYCruiser said:

As far as I know the US does not 'technically' have Immigration Exit controls like most if not all countries in the world. However, as has been said she has a 10 year ban on entry.

There is APIS, but yeah, it's not like the traditional exit controls you see with other countries (where there are immigration counters and officials).

[SusieQQQ 11,586]

4 hours ago, Calicolom said:

I would not try to enter any country with an expired passport.

Maybe you wouldn’t, but it’s been done many times. Again, you usually only need to prove citizenship to enter your home country, and an expired passport usually suffices for that (possibly not if it’s a country that doesn’t allow dual citizenship.) 

The difficulty for OP comes in that they will have to fly home and almost certainly need a valid passport for that.

anyway it really shouldn’t be a huge issue, Haiti has consular representation in the US I presume.

Edited June 20, 2018 by SusieQQQ