If my friend has overstayed her visa but now buys a 1-way ticket and goes to the airport, will they detain her over her expired visa?

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If my friend has overstayed her visa but now buys a 1-way ticket and goes to the airport, will they detain her over her expired visa?

She came here 8 years ago on a K1 visa. Her husband never helped her file her paperwork and they were soon seperated. She now wants to return home to the Philippines.

Asked on June 8, 2015 under Immigration Law, Georgia

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

NO one will detain her on the way out of the US.  HOwever, she will be barred from reentry to the US for a period of 10 years because of her overstay.  If she is only separated and not divorced, she will also not be able to get remarried, anywhere else, unless and until she is legally divorced. 


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