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-   -   Procedures for Foreigner with Overstayed visa leaving US (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/1159054-procedures-foreigner-overstayed-visa-leaving-us.html)

frank_10b Dec 12, 2010 8:29 am

Procedures for Foreigner with Overstayed visa leaving US
 
My friend is returning to South America after having overstayed his US visa (and outlasted the validity of his Peruvian passport, now expired). When he is departing from MIA what procedures will he go through and how many hours should he allow for them.

Also, it is correct, right, that given he has only the expired passport that he may not get to MIA by air (i.e.,fly a domestic segment to his connection) even with a ticket on his "way out".

Obviously not much experience myself with the situation so I don't know what to tell him.

bocastephen Dec 12, 2010 9:09 am

I think he needs to go to a Peruvian consulate or the Embassy and get a new passport for travel - once that's done, he can exit the country without a problem. Getting back in next time - might be a problem.

FlyingCowboy Dec 12, 2010 9:12 am

Yes, per above. The airline may not check him in with an expired ID (passport). At least that is my understanding.

Loren Pechtel Dec 12, 2010 12:06 pm

Get a new passport--getting on an international flight without valid ID isn't likely to happen. The airline doesn't want to haul anyone that's going to be kicked out by the destination.

PhlyingRPh Dec 12, 2010 12:29 pm

General rule of thumb: You can typically get back in to your own country with an expired passport (I have done it a few times in the UK) but you cannot leave another country with an expired passport for your home country without jumping through some extraordinary loops.

RichardKenner Dec 12, 2010 4:34 pm

The point here is that the problem isn't the visa overstay (which nobody will notice) but the expired passport.

Ari Dec 12, 2010 4:42 pm


Originally Posted by PhlyingRPh (Post 15433861)
General rule of thumb: You can typically get back in to your own country with an expired passport (I have done it a few times in the UK) but you cannot leave another country with an expired passport for your home country without jumping through some extraordinary loops.

Yup.

Loren Pechtel Dec 13, 2010 1:03 pm


Originally Posted by RichardKenner (Post 15435207)
The point here is that the problem isn't the visa overstay (which nobody will notice) but the expired passport.

America will notice it if he tries to come back.

catocony Dec 13, 2010 2:30 pm

So the trick for all illegals is to not have a valid passport, and thus they'll have to stay in the US because the airlines won't put them on a plane?

Sorry for the snark, but that's how I read this thread. Tell the guy to go to his closest consulate and get a new passport JUST TO MAKE THINGS EASY. However, even if he doesn't, if he's returning to his home country, he most likely doesn't need a valid passport to get in, and that getting in is all the airline cares about.


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