How to leave the USA

[geowrian 22,337]

Yes it's possible to be detained while trying to fly out of the US. However, it is exceedingly rare if the only issue is an overstay....they essentially want you out.

Note that you won't go through any sort of immigration counters on the way out. The US doesn't do exit controls that way.

Edited July 1, 2019 by geowrian

[JFH 12,190]

I have had my status questioned when boarding a domestic flight. The TSA agent flicked through my passport and advised that although he cannot detain me if I were out of status (I wasn’t), as a federal employee he has a duty to report any overstays that he finds. 

[Daphne . 1,911]

7 hours ago, Dennis117 said:

 

I have a Valid German Passport and German ID. I am not an undocumented Immigrant since I entered the country legally. 

 

You may have entered legally, but since you are now in overstay, you are in the country illegally now (too).

 

I sincerely hope that you will have a smooth exit, it is too bad that this has probably ruined your chances of going back to the US any time soon, especially with having your mother there. 

 

The majority of the people on this forum have had to deal (and are dealing) with the hardship of complying with the restrictions of visiting or immigrating (to) the US, myself included, and it is always tough to read stories or questions from people that are not taking the rules and restrictions seriously. This is why your question triggers emotions here.. 

[HRQX 4,145]

9 hours ago, Dennis117 said:

I just want to know if I can fly domestically from Florida to California

TSA cannot perform an arrest: https://www.tsa.gov/blog/2016/07/03/tsa-myth-busters-do-tsa-officers-arrest-passengers Now, if ICE or CBP is in the immediate vicinity, that's a different story.

7 hours ago, Dennis117 said:

I have a Valid German Passport and German ID. I am not an undocumented Immigrant since I entered the country legally.

Your recent I-94 is now expired. Thus an Illegal Immigrant nonetheless https://www.npr.org/2019/01/16/686056668/for-seventh-consecutive-year-visa-overstays-exceeded-illegal-border-crossings

[Dashinka 24,653]

3 hours ago, HRQX said:

TSA cannot perform an arrest: https://www.tsa.gov/blog/2016/07/03/tsa-myth-busters-do-tsa-officers-arrest-passengers Now, if ICE or CBP is in the immediate vicinity, that's a different story.

Your recent I-94 is now expired. Thus an Illegal Immigrant nonetheless https://www.npr.org/2019/01/16/686056668/for-seventh-consecutive-year-visa-overstays-exceeded-illegal-border-crossings

There is always a possibility.

 

 

[Nitas_man 3,100]

13 hours ago, Dennis117 said:

First of all, I am sorry for being a reason people are denied visas to come to the USA. I truly apologize and regret doing this in the first place. It’s complicated so I’m not going into detail, just know that I am sorry. 

 

But one more thing...you don’t think I would get detained and held at SFO airport if I fly from Florida to California? 

 

Sorry for the inconvenience and selfishness in regards about people that truly truly need a visa more than I did. 

 

I plan on never returning. 

There is no, zero possibility of being detained on the way out.

[EM_Vandaveer 2,408]

20 hours ago, Dennis117 said:

Thanks a lot people!

I really appreciate the answers you all gave me.

 

I have a Valid German Passport and German ID. I am not an undocumented Immigrant since I entered the country legally. 

 

And yes i hope they think the same way like you, that they should let me leave instead of wasting tax money on me. I am willing to leave and have the tickets for Korea and then from there back to Germany already. 

 

Thank you 😊

FYI the majority of undocumented immigrants entered legally and overstayed, just like you. It’s the minority who entered illegally.

[SalishSea 17,980]

Just curious, OP, you seem pretty cavalier about the overstays, as if the consequences are moot as you never intend to come back.  But what about your family here?

[mtempelaar 190]

Florida --> California --> South Korea --> Germany.  That's a hell of a long flight plan when there are direct flights to Frankfurt from Orlando and Miami that would have saved time, money and stress    I'm sure there are reasons but....

 

Your only checks here for sure are TSA in Florida, and assuming you don't leave the secured area of the airport in California, perhaps a passport check at the airline gate by gate agents.   There is always a possibility of getting stopped.   While I haven't seen CBP personally at a plane, I've read news articles about CBP detaining people at the gates.    This one being one of them:  https://www.vice.com/en_us/article/j5zny7/haisam-elsharkawi-lawsuit-against-us-government-cbp-dhs-unlock-phone

 

[SusieQQQ 11,587]

3 minutes ago, mtempelaar said:

Florida --> California --> South Korea --> Germany.  That's a hell of a long flight plan when there are direct flights to Frankfurt from Orlando and Miami that would have saved time, money and stress    I'm sure there are reasons but....

 

Your only checks here for sure are TSA in Florida, and assuming you don't leave the secured area of the airport in California, perhaps a passport check at the airline gate by gate agents.   There is always a possibility of getting stopped.   While I haven't seen CBP personally at a plane, I've read news articles about CBP detaining people at the gates.    This one being one of them:  https://www.vice.com/en_us/article/j5zny7/haisam-elsharkawi-lawsuit-against-us-government-cbp-dhs-unlock-phone

 

That seems based on security issues,  as it's a USC, not detaining an illegal trying to leave

 

As already posted TSA can't arrest anyone, and there is no reason to waste manpower to ...deport someone who is on their way out anyway.

[Unidentified 2,930]

22 hours ago, Dennis117 said:

Alright and I accept that. 

But you have to know that as a foreigner having never been here before, I didn’t know I was inadvertently causing harm. 

My mother is 70 years old and legally living here, that’s the sole reason why i came and stayed here longer. 

 

Anyway thank you for your replies. 

You didn't think you were causing harm by overstaying? That it wouldn't have consequences to accrue unlawful presence in another country

Edited July 1, 2019 by Unidentified

[SusieQQQ 11,587]

52 minutes ago, HAVIP IP LAW FIRM said:

There is no problems when you leaving. However, your visa will be cancel since you already overstay second time.

Visa is voided immediately on day 1 of an overstay even if it’s the first time. Surely a “law firm” knows this lol

[geowrian 22,337]

8 minutes ago, SusieQQQ said:

Visa is voided immediately on day 1 of an overstay even if it’s the first time. Surely a “law firm” knows this lol

Looks like an Vietnamese IP law firm...? That's not exactly in the the skill sphere of US immigration.

[MacUK 983]

I'll admit, I have personal issues regarding this story.

The OP admits to knowingly breaking the rules once before but was fortunate enough to be given a second chance, given the opportunity to learn from previous mistakes and continue to enjoy the benefits of travel to the U.S.

And then they decide to ignore the laws again.

 

I made that first mistake myself, many years ago. Thanks to that I haven't seen my children in 14 years.

I have applied 3 times since then, asking to be given that second chance. I have zero desire to live in the US, I only want the chance to be able to visit my children but I have been refused 3 times. 

And now the COs have even less reason to believe that someone who's lost their VWP privileges can be trusted to learn from their mistake.

 

OP, I doubt you'll have any issues in leaving the States. But when you do leave, be sure to say your farewells to anything or anyone there that you care about, I doubt you'll ever set foot in the US as a tourist again.