I've been warned to leave the US within 10 days as I will "overstay" my visa, but I have legally left the country by plane months ago. What can I do?
So this year I went to Florida with my family for 2 weeks. We were all tourists and we go to the US almost every year and have no administrative problems usually.
This time, however, I recently received a warning that I have to leave the US within 10 days or otherwise I will overstay my visa. But I left the country long ago, with my family, on the same plane at the same time after our 2 week holiday. The rest of my family has been registered to have been left the country though.
My problem is, although I could maybe prove with the help of the local police that I am indeed not in the US at this moment, I can't prove when I left the US or how. I have no stamp in my passport, they haven't done that in a long time. The airline can't give out the data that I boarded the plane. I don't have my boarding pass anymore.
There is no way I can prove that I legally left the US, only that I am not there right now. What should I do? I feel this weird error could get me in trouble the next time I enter the US.
Best Answer
First, check that this is a genuine warning. Check it for the usual signs of a scam email (faked "from" address, links you to a website that does not end in .gov). Contact US immigration on a publicly available email or number (not by any contact that you were given in the warning) and check with them.
If it turns out it is genuine, it is probably not as serious as you think. It's most likely just an administrative mixup.
When you contact immigration they will tell you what you need to do, but most likely if you simply give them the date and flight number when you left that will be the end of it. They will almost certainly be able to verify that you were on that flight, and that will probably be the end of the matter.
Also remember that, even if for some reason they don't believe that you left on the flight you did, you don't need to prove you left on that flight, you only need to prove you left before the end of your legal stay, ten days from now. The easiest way to do that is probably to make some sort of visit to someone official, like a government office or the police or a lawyer, where your visit will be recorded and you can provide information. But something as simple as records of an everyday transaction will help - a few records of you using your credit card in your hometown is going to be evidence, and is probably good enough.
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Can a US citizen be denied entry back into the USA?
The same is true for lawful permanent residents: you generally cannot be denied entry to the United States, but declining to answer questions may result in delay or further inspection. Refusal by non-citizen visa holders and visitors to answer questions may result in denial of entry.What happens if you are denied entry to a country?
The range of options here include them applying your return flight to the flight on which they take you home without charging anything more, doing that but charging a change fee, or requiring you to buy a new ticket\u2014up to and including a full-fare, one-way walk-up ticket.Can I travel to US if my visa expires in a month?
A visa must be valid at the time a traveler seeks admission to the United States, but the expiration date of the visa (validity period/length of time the visa can be used) has no relation to the length of time a temporary visitor may be authorized by the Department of Homeland Security to remain in the United States.Can you be denied entry to USA with a visa?
The truth is, is that no one is guaranteed entry to the US, even citizens. Even if you have the correct documentation, visas, or legal status, you could still be denied entry to the US so being prepared for the worst is the best thing to do.I Sent Preston to Poppy Playtime School *Chapter 2*
More answers regarding i've been warned to leave the US within 10 days as I will "overstay" my visa, but I have legally left the country by plane months ago. What can I do?
Answer 2
As others have suggested, first check your I-94 departure record. If something has gone wrong and your departure has not been recorded properly, it will show up there.
If the system is showing incorrect information, the FAQ from CBP has a section for that:
If you feel this information is incorrect, you have two options:
You can contact the CBP Traveler Communications Center at (202) 325-5120.
You can formally write to the Department of Homeland Security's Travel Redress Inquiry Program (DHS TRIP). DHS TRIP is a single point of contact for individuals who have inquiries or seek resolution regarding difficulties they experienced during their travel screening at transportation hubs, like airports and train stations, or crossing U.S. borders, including: denied or delayed airline boarding, denied or delayed entry into and exit from the United States at a port of entry or border checkpoint continuously referred to additional (secondary) screening.
You can contact DHS Traveler Redress Inquiry Program (DHS TRIP) at http://www.dhs.gov/trip.
Or, by mail at the following address: DHS Traveler Redress Inquiry Program (TRIP) 601 South 12th Street, TSA-901 Arlington, VA 22202
Regardless, I would hold on to whatever evidence you can indicating that you left the US (this can include evidence that you're back home now). If they can't fix it for you over the phone, you can submit your evidence to DHS TRIP through their online form and ask that the records be corrected.
Answer 3
I would suggest to check your I-94 record, which is a record of your entry and exit into the United States. https://i94.cbp.dhs.gov/I94/#/recent-search If this is updated to the date you left USA, then that will be your official document for proving you left. If it is not then its an administrative error and you probably should contact US immigration with all your travel proof, especially the proof that you entered back into your country which will be the stamp on you passport. Also if your I-94 is not updated, it will cause trouble for your future visits, so its better to have it done anyways
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