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 ?

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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
Hector E. Quiroga
PREMIUM
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.

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