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Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
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Can an illegal immigrant leave the US without problems the

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Can an illegal immigrant leave the US without problems? the person has the passport from his country and entered the US legally but had a long overstay. What are the consequences if any?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Georgetown Lawyer replied 3 years ago.
Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience....none actually. he is free to leave. He will of course face a bar to re-entering the u.s....3 year bar if he overstayed more than 180 days and 10 year bar to re-entry if he overstayed more than 1 year. So no consequences to leaving only penalties i he tries to return.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work (as you would like to receive credit for your work). Positive feedback is also appreciated, if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is not required. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice. If you specifically want me to answer a future question put “FOR GEORGETOWN LAWYER” in the subject line and I will reply asap.
Customer: replied 3 years ago.
The person in question stayed over a year after his visa. Does the 10 year penalty applies to anyone who is being petitioned as a legal immigrant? what if his papers come before 10 years? can he still process them and try to re-enter?
He is afraid of being detained by immigration at the US airport when he intends to leave to his country. His mother is ill and he needs to go be with her but he has already been petitioned in the states by an employer who has started the legal resident visa status about 2 years ago.
Expert:  Georgetown Lawyer replied 3 years ago.
he is subject to a 10 year bar to re-entry. his papers being processed has nothing to do with the bar. an employer petitioning for him does nothing for him by the way. If he entered illegally and a petition was never filed for him before April 30, 2001 when President Clinton forgave illegal aliens then an employer or any other petition does not forgive his time out of status and he would have to go outside the u.s. to get any visa or green card that is being filed for him. He will face a 10 year bar. that means he has to wait 10 years outside the u.s. before he can return. No papers being filed for him before then by an employer will help. the employer will have to wait 10 years to file for him. He should not fear being detained by immigration, since they are not there to examine him upon exit from the u.s. I hope that clarifies. I appreciate you're clicking ACCEPT so that I may receive a small part of the deposit for my time and answers or else the web site keeps the entire deposit and I receive nothing. Thank you and kind regards.
Customer: replied 3 years ago.
Ok I understand he should not fear being detained. Last question, the petition ALREADY FILED for him about 1-2 years ago (which has cost money by the way) does it go to waste? Aside from the bar to re-enty (10 year wait to re-enter US), the fact that it was filed this long ago is it all wasted?, do we need to do it all over again???

Thanks
Expert:  Georgetown Lawyer replied 3 years ago.
Yes, that is correct it will be wasted. Understand there was no point filing it in the first place because it did not and will not cure his time out of status and even if he stayed here, when it came time to get the visa/green card through the employer he would have had to leave the u.s. to get it and face the 10 year bar to re-entry, so I do not know if he consulted an attorney before it was filed but if he had he would have been told that an employer filing a petition for him was not going to fix his problem I'm afraid. Sorry for the news but I have to be honest with you. I hope that answers your questions. thanks for the ACCEPT and kind regards.
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12047
Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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Customer: replied 3 years ago.
Thank you, XXXXX XXXXX realized that we have been lied to. I filed about a year and 1/2 ago paying for advertising, submission to the department of labor , labor certification, filing visa petion with a final bill to be paid upon adjustment interview or visa appointment. By your answer I guess all this is wasted regardless if he leaves or stays. He has to go be with his mom so he is leaving. Thanks for the help
Expert:  Georgetown Lawyer replied 3 years ago.
You're welcome. it's unfortunate but this happens a lot I'm afraid. sorry it happened to him. take care and kind regards.

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