My daughter has overstayed in the US, will she have problems

[Doc Major]

My daughter has overstayed in the US, she is married to an American citizen, they have a 2 year old son.

She was applying for permanent residence, she now wants to come back home to the U.K.

Will she have problems when she goes through U.S customs?

If so what does she need to do beforehand, as she does not want to be arrested with my grandson when leaving.

[Marco 72]

My daughter has overstayed in the US, she is married to an American citizen, they have a 2 year old son.

She was applying for permanent residence, she now wants to come back home to the U.K.

Will she have problems when she goes through U.S customs?

If so what does she need to do beforehand, as she does not want to be arrested with my grandson when leaving.

She will have no problems whatsoever leaving the US, but she may not be able to take her son with her without the father's consent.

[Doc Major]

My daughter has overstayed in the US, she is married to an American citizen, they have a 2 year old son.

She was applying for permanent residence, she now wants to come back home to the U.K.

Will she have problems when she goes through U.S customs?

If so what does she need to do beforehand, as she does not want to be arrested with my grandson when leaving.

She will have no problems whatsoever leaving the US, but she may not be able to take her son with her without the father's consent.

Thanks for your reply Marco,

Will she still need to have her husbands consent if she has a British passport for her son?

[Marco 72]

Will she still need to have her husbands consent if she has a British passport for her son?

I'm not a lawyer, but I think she will. See here


http://thailand4kids.com/web-data/Components/hague.pdf

As far as I know parental consent is not required to obtain a British passport for a child (it is needed for US passports), but she may still not be allowed to take the child out of the country. It's probably best for her to check with the airline - they should know.

[Doc Major]

Will she still need to have her husbands consent if she has a British passport for her son?

I'm not a lawyer, but I think she will. See here


http://thailand4kids.com/web-data/Components/hague.pdf

As far as I know parental consent is not required to obtain a British passport for a child (it is needed for US passports), but she may still not be allowed to take the child out of the country. It's probably best for her to check with the airline - they should know.

Thanks for the link, it has given me more of an understanding of how it works, very useful information. I will advise my daughter to check with the airline.