Legal Question in Immigration Law in California

Departure process

A close friend of mine wanted to go home to his country but he was afraid because he overstayed for 9 months already.

What's the process of going back home (to your country) if you overstayed?

Will they question or detain you if you overstayed?

What if you will tell them that you lose your I-94? what will happen?

How will they know you overstayed if you lose your I-94?

Thanks you for giving time to this question. He is waiting for your answers. He wanted to go home 2nd week of March.


Asked on 2/21/02, 8:57 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Departure process

No one will ask anything when a person leaves leave the US! You just get on the plane and leave.

Getting back is the hard part for your friend. Since he overstayed 9 months, he's barred from re-entering the US for 3 years. His passport will have the entry stamps and, even though he lost his I-94, when he comes here again, the INS inspector might be able to learn that he overstayed by sharp questioning and computing from the last entry date. Therefore, your friend might not want to leave now!

Liem Doan, Esq.

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Answered on 2/21/02, 10:36 pm


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