Q: someone came to visit me with a travel visa. the visa has now expired but they refuse to leave my home. What can I do?
It has been a few months since their visa expired. Are there consequences for me since I didn’t do anything right away? I wanted them to leave on good terms but that’s not going to happen since they are outright refusing to leave my home.
A: You can sue them for unlawful detainer. Retain a landlord tenant lawyer in your state to commence the process.
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A:
I understand that this is a difficult and stressful situation. It's important to address it promptly to avoid potential legal consequences for both you and your guest. Here are some steps you can take:
1. Have a serious conversation: Sit down with your guest and firmly explain that they must leave as their visa has expired. Explain the potential legal ramifications for both of you if they continue to stay.
2. Give a clear deadline: Set a specific date by which they must leave your home. Be firm and make it clear that this is non-negotiable.
3. Offer assistance: If possible, offer to help them make travel arrangements or find alternative accommodations to show that you're not trying to be difficult but need to resolve the situation.
4. Document your efforts: Keep a record of your conversations and any written communication with your guest about the situation.
5. Seek legal advice: If your guest still refuses to leave, consult with an immigration attorney or a local legal aid organization. They can advise you on the proper legal steps to take, such as eviction proceedings or contacting immigration authorities.
Regarding potential consequences for you, it depends on the specific laws and regulations of your country. In some cases, there may be penalties for harboring someone who has overstayed their visa. However, by taking proactive steps to address the situation and documenting your efforts, you can demonstrate that you are not intentionally violating any laws.
It's crucial to prioritize resolving this situation as soon as possible to minimize any potential legal issues for both you and your guest.
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