Undocumented person leaving the US

Discussion in 'General Discussion | Travel' started by Bay Pisco Shark, Mar 10, 2011.  |  Print Topic

  1. Bay Pisco Shark
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    Bay Pisco Shark Gold Member

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    [Please, don't make this into a political discussion.]

    Curious - hypothetical person living in the US for years. Decides to go back to home country. Person has valid travel docs, but not entitled to be in the US at this point.

    By air - issues? Valid travel docs provided to airline, and no formal "exit" procedure, but will airline be looking for return portion of I-94? And if the person doesn't have one? Also, the passenger list will be forwarded to the airline in advance. Issues?

    By land - issues? No exit procedure and assume person can travel to Mexico with just the passport.
     
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  2. goodandclassy
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    goodandclassy Silver Member

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    I am sure there are ways to work around lost i94 slips - so the person might be 'fined' for losing the little piece of paper...

    other than that, i don't see any issues with a person leaving the US and continuing on, as long as he/she has a valid travel document...

    obviously, coming back into the US would be problematic, especially if said person tried to obtain a visa and fudged the dates of entry and exit to make it seem that they left within the approved period... i don't see a US consulate granting another visa if the person clearly states that they overstayed their welcome the previous time either...

    to go back to the scenario - even if the person is on the passenger list and it is shared with the authorities, why would anyone want to detain him for a voluntary deportation? :D
     
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  3. airoli
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    airoli Silver Member

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    If the person is from a country taking part in the Visa Waiver Program, he will no longer have any form slip to hand over to anybody upon leaving the country, as ESTA has done away with them about a year ago. So from that point of view, leaving with nothing but a valid passport would not be unusual.

    Also, if you drive across the land border to Canada, you never actually talk to an U.S. Immigration official, but only to Canadians. They will assess you based on eligibility to enter Canada, not the legality of your previous stay in the U.S.
     
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  4. Wandering Aramean
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    Wandering Aramean Gold Member

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    Because if they are officially deported then they would be flagged against future visits. And if you think US Immigration isn't that crazy I'd think again.
     
  5. goodandclassy
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    goodandclassy Silver Member

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    i don't doubt that! In my interpreting gigs i've run into some _very_ interesting items :D
    good point though!
     
  6. AtomicGardener
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    AtomicGardener Silver Member

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    The following should answer your question about the cost to replace a lost I-94.

    Replacement of a lost or stolen Form I-94 falls under the responsibility of Department of Homeland Security (DHS). To file for a replacement I-94, see Application for Replacement/Initial Nonimmigrant Arrival-Departure Document at the DHS, U.S. Citizenship and Immigration Services (USCIS) website and see Arrival-Departure Record at the DHS, Customs and Border Protection (CBP) website.

    http://travel.state.gov/visa/temp/info/info_2009.html#I-94


    Voluntary deportation vs deportation becomes an issue if said person's visa has expired.
     
  7. I have seen ICE officials checking people and their documents as they leave the U.S. 1 1/2 years ago on the jetway for a flight leaving JFK to MEX, and also (very occasionally) driving across from U.S. to Canada.
     
  8. Toula
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    Toula Gold Member

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    Don't assume that just because you are flying that the airline will be looking for the I-94. Hate to tell you how many times the check-in staff haven't bothered, we have had to ask them to take it. We even had an occasion where US Immigration has stapled my I-94 in DH's passport and when he left the country he departed on my I-94. I flew a week later and departed on his and no questions were asked, even though the US Immigration records should have shown I had left the country and not re-entered.

    I don't believe there will be any issue him leaving via air, however I would not like to be in his shoes trying to get back in.
     

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