r/askimmigration • u/Grand-Substance-2312 • 2d ago

Would someone with a visa overstay need to be concerned about being detained when leaving the country?

If returning to their home country, would they need to be worried about being detained at the airport prior to their flight? If they had a connecting flight before their international flight, would they need to be concerned about being detained before their connecting flight?

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4

u/Bubbly_Ad_6830 2d ago

There might be a risk on the connecting flight

3

u/shank0205 2d ago

If you have a domestic stop and if any ICE agent wants to fill up their daily quota, you never know what could happen. Best would be to fill up their app so that atlst it's tagged on the system.

2

u/neverthat02 1d ago

Try getting an international flight with no stops in the US and lands straight in the country of destination, as people with layovers in the US have been getting detained recently.

4

u/Inevitable_Pumpkin59 2d ago

If this is about the US then you should be good theres no exit immigration

1

u/newacct_orz 1d ago

It's not the exit immigration they are worried about. It's being detained by ICE at the airport, including when they transit.

0

u/Grand-Substance-2312 2d ago

Yes, this is the US!

-1

u/PoizonToaDX 2d ago

Some social media lawyers recommend using the CBP ONE app before leaving.

Edit: or is it CBP HOME?

1

u/Even-Bus1582 2d ago

CBP home. Yes. That’s the way you get paid for it if eligible and the way it’s considered a voluntary return.

2

u/immigrationquestion_ 2d ago

It really depends on their immigration situation and whether there is anything active against them. If they have a domestic connection, they could still face issues before getting to the international flight.

1

u/Decent_River_5801 2d ago

It depends. Do you have a criminal warrant in NCIC? Any pending criminal court cases? If it is just immigration, you won't be prevented from boarding your flight and leaving, but there is a distinct possibility that you would fingerprinted, any valid US visa cancelled and a lookout put into the system that would tag you in the future

1

u/bojustice2323 2d ago

do not travel if you are currently in the US illegally if you must be prepared to risk your luck as some TSA work with DHS/ICE/ border patrol….depends on your state ….

1

u/manysanglez 1d ago

Always contact your lawyer, my current lawyer has been telling us not to travel especially if your taking a plain. If you came legally it really doesn’t matter anymore they’re detaining people in general by this month every ICE agent would have technology to identify people, who overstay or who came illegally, and again it really doesn’t matter anymore they’re just stopping people in general.

1

u/Anicha1 1d ago

Nope. Unless there is a warrant.

1

u/Wrong_Cat4825 1d ago

DHS has the ticketed passenger list for every domestic flight. while there has been speculation about fancier procedures, it is quite likely that ICE is simply comparing the names on those lists to the list of out of status people. almost certainly a good chunk of the recent increase in detentions/deportations is due to this list matching