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 ?
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.
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.
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