[askmejames]

Hi,

A very good friend of mine is a French citizen, and due to financial troubles, has overstayed her Visa. She wants to leave through Mexico in hopes of flying back to France to renew her visa and come back for school. The thought is that she may be able to avoid having her her name blacklisted for 5 years this way.

My question is, could I get in trouble for helping her cross over? Is there a chance of her being arrested at the border? Or would they just send her along her way because she is leaving?

I realize that she is illegally staying here, and it is at least 'fishy' to try to do what she wants to do. I just want to help a friend. But I don't want any legal trouble for myself, either.

Thanks in advance.

[DCcityboy]

Not a five year bar. 3 year bar for overstay of 180 days to one year. 10 year bar for overstay of one year or more.

Illegal departure will not help. The USCIS has a record of her entry, and if she does not turn in the I-94, they assume she is still here, as an overstay, and they are correct.

When she applies for another visa, the DS-156 and the online DS-160 ask, under penalty of perjury, about her stays in the US. If she lies, the visa can be denied for that reason. If she is issued the visa, at the US POE, the computer system will show her previous I-94 entry with no departure. She will be put into secondary inspection, then likely be ordered expedited removed (deportaton) and another bar to entry to the US.

She should leave, turn in her I-94, apply for a 212(d)(3) waiver when she applies for a visa. She is no longer allowed to enter on the visa waiver because of the overstay.

You could be found guilty of aiding and abetting. Don't do it. Too many legal ways to fix this and the downside is huge.

I trust this is responsive to your inquiry. Good luck.

[askmejames]

OK, thank you for the response. I know that what she wants to do is illegal, and am uncomfortable with it.

I was also wondering if she faces arrest when trying to leave? Or will they simply send her on her way because she is leaving?

What would happen to me if I were to be found guilty of aiding and abetting?

[DCcityboy]

Since she is leaving, they generally allow it unless there is a reason to believe she has other immigration or criminal violations or is a national security threat.

Civil monetary penalties.