Miami Beach, FL asked in Immigration Law for Florida

Q: Is it going to be a problem if someone overstayed leave to go back to own country?

Hi my friend from Canada over stayed , now she wants to go back to Canada , will she be in trouble when she leaves ?

Related Topics:
4 Lawyer Answers
Stephen Shaiken
Stephen Shaiken
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: The U.S. is unlikely to give here any problems leaving, but if she tries to return, and the inspector at the port of entry has information which causes them to determine she overstayed, it could be a problem. Would depend upon several factors, including the length of overstay and status in which she seeks to reenter. She would be wise to consult with a lawyer prior to departure.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: How long has her overstay been. Has it been more than 6 months?

Ileana M Rivera
Ileana M Rivera
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: Overstaying is never a good practice. The short answer is, it depends on the reason why your friend overstayed. If for example, the overstay happened because of medical reasons or any other important reason, it can be explained. Also, the amount of time of the overstay plays an important role. For sure an experienced attorney would have to look at the time and circumstances before making a recommendation.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Not when she leaves, but possibly when she wants to come back. It depends on how much time beyond her authorized stay she remained in the US.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.