Voluntary Departure while overstay

greenspun.com : LUSENET : Immigration Law - Law Offices of Michael Boyle : One Thread

My ward in US was on student visa. It expired and he overstayed for 13 days. Can he be relived on Voluntary Departure? What is the procedure as I am staying out of US. He may be charged with bad conduct if university is asked about it.

Can I get e-mail address and telephone numbers of Attorny Generals office in NY and Pensylvania state, so that request can be sent by e-mail. Please advise at the earliest.

-- Dr Hanni V Doctor (hannidoctor@hotmail.com), January 17, 2002


Your question suggests that you are very confused about the young man's immigrtion options. Normally, a person with a brief overstay (under 180 days) should just leave the U.S. His visa has become invalid, but other than that there is no legal penalty or sanction if he departs promptly.

Asking for voluntary departure would normally just gain unwanted INS attention. In any case, the New York and Pennsylvania Attorneys General would have nothing to do with the case.

-- Michael Boyle (boylelaw@aol.com), January 25, 2002.

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