What to expect upon departure?

[nickhogg72]

Hi,

I tried to find an answer on the board, but didn't. Hopefully someone can let me know the following:

I am illegal here, a UK citizen, married to a US citizen. I have been here in this situation for about 9 years, my marriage is falling apart and i wish to return to the UK.

I can purchase a ticket, no worries about $$$ to leave / get back to UK...minor problem right now is my passport is in UK being renewed...I can wait for it to come back, if necessary but maybe I can leave anyway (i have birth cert. / license from UK).

My main concern is what to expect when i show up at the airport and when checking in, have no "entry card" to hand in...will i get out ok? will they detain me?? anyone have the answers??

Thanks in advance.

[JAJ]

Why did you allow yourself to become illegal? Is there a reason you didn't want to adjust status before now?

You will not be allowed to board a U.K. bound flight without a passport. But the Embassy might be able to give you an emergency travel document.

Before you leave, have you investigated any options you have for self-petitioning to adjust status? Depends on why your marriage is ending.

[nickhogg72]

The short answer is, I entered via Canada, uninspected (my visa was denied because I had been using the VWT too much, they insisted I wait i think 1 year before re-applying)...

I guess in honesty, marriage is ending because we no longer love each other...as is usually the case No petition filed yet or anything, I am trying to do the "decent thing" and let her go on with her life as quickly and painlessly as possible.

I have no real interest in remaining on my own, my family is all in UK. I can wait while my passport is renewed, so that isn't a major issue, although i was ready to contact the embassy and see if they could do just what you mentioned.

I read on another board that it would be unlikely to have a problem leaving, maybe fill in a new departure card (they suggested saying it was lost, if asked by the check-in, airline staff?) but to be totally honest if asked by officals.

Anything further you could suggest would be appreciated.

Thanks in advance.

[Hannah001]

I was supposed to leave in feb after my 90days were up but wanted to stay longer so i got some legal advice. My lawyers told me that i could not get any extention of stay on my visa because i came into the states with an I94. Also, they said all the working visas were not avail until 2012 cos of a backlog of applicants.

Now i just found out that i have been lied to, its been a month since my I94 expired but would really love to stay here. Would it be possible to change my status and study or marry?

Please, any advice on decent honest immigration lawyers would be much appreciated.

Thank you.

Hannah001

[fysicus]

nickhogg72,

you don't seem to be in a desperate hurry to return to UK, so if I were you I would wait for my new passport and avoid any potential issues with UK immigration or airline check-in.
I don't know the view of the US authorities on your situation. In most countries the punishment for illegal presence is expulsion or deportation, but if you're leaving on your own free will, are not wanted for any crime or leaving a lot of debts behind, I would expect a lenient treatment. Perhaps you will be excluded from the Visa Waiver Program for the rest of your life or things like that.

[darko]

nickhogg72,

you don't seem to be in a desperate hurry to return to UK, so if I were you I would wait for my new passport and avoid any potential issues with UK immigration or airline check-in.
I don't know the view of the US authorities on your situation. In most countries the punishment for illegal presence is expulsion or deportation, but if you're leaving on your own free will, are not wanted for any crime or leaving a lot of debts behind, I would expect a lenient treatment. Perhaps you will be excluded from the Visa Waiver Program for the rest of your life or things like that.

Or more likely banned for 10 years. As for as immigration checks, I do not think there are any when you leave the US.

[Hannah001]

Hey, do you mean new passport issued by the usa or uk?

[nickhogg72]

Hi

Thanks for the replies, they were helpful. Just thought I would let you know the eventual outcome...

I renewed my passport via the Washington FCO Passport Office, no problems, even without a countersignatory. (Basically, I sent copies of everything I had to hand, plus Original Birth Cert., etc).

Checking in at airport, the agent questioned my lack of I94 card, said I had lost it, she just gave me new one to fill in. Boarded flight, arrived in UK, no problems.

As a side note, when my Mom visited me last year, when checking in they didn't even retain her I94 card (she had a stop-over inside USA before final flight to UK, so I assume that confused them??).

Also, when filling in the replacement I94, I didn't even fill in all the info (left off passport #, etc)...just filled in basic name, DOB etc info). Not sure that will make any difference in the long run, who knows...?

Again, thanks for the responses, good luck to you Hannah!!!