Where to start

[merlinsluck]

I have a friend who has an expired B-1 visa and cannot extend the visa because he is over 1 year past expiration. What can he do to correct this problem and remain in the USA eventually hoping to live and work in the US.

[kitkat1]

B1 is a tourist visa is meant for temporary visits - usually no longer than six months at a time. They are NON-immigrant visas -- not to remain in the US and live and work therefore no work authorization is available. He had to prove his NON-immigrant intent in order to obtain the visa in the first place.

His only option is to return home and apply for an appropriate immigrant visa, assuming he qualifies.

Start by reading the option on his country's US consulate website.

[merlinsluck]

He is from Thailand and his old passport was close to expiration so he went to the Thai Consulate and was issued a new passport that does not have the old B-1 Visa. it is just a blank new passport. Do you think if my friend gets a ticket to leave back to Thailand, and checks into the airline terminal, will he be detained because there is no visa? Will he be subject to the ten year barred rule?

[Marie]

Yes he will be subject to the 10 year rule. Usually leaving the US isn't a problem.

[Daniel Green]

Yes he will be subject to the 10 year rule. Usually leaving the US isn't a problem.

Ditto. DHS doesn't detain people leaving the U.S. unless there is some kind of suspected criminal/national security related issue that the departing person is mixed up in.