If my boyfriend is not from this country but had a visa that expired (he's getting a different visa soon), can we leave the country to travel?

He will not be allowed back in.

couldn’t he just say that he was back visiting? which isn’t false…he would be visiting me.

I would strongly recommend contacting the consulate from his country of origin or the Dept. of State in the US to get the details on what he can and can’t do. It’d suck to have him be stuck on the other side of the border.

Assuming he still has his passport, there’s a Visa Waiver Program that permits entry without a visa. There’s also a page on temporary visitors.

Here is the issue. He has already overstayed his work visa. He broke the law. If he tries to come back, he’ll be turned around at the border.

Although, now, as I re-read your question, I see that I may’ve misunderstood it. What you are saying is that he had a visa, but it expired. If he was not in US when it expired, no law was broken. If he is in a country that has a visa waiver program, he’ll be safe coming back to US. However, if he is not from a Visa Waiver Program country, he’ll need a visa. And if he has EVER overstayed his visa in US, he won’t be able to come back.

@legenwaitforitdairy yes but for that he’d need a visiting visa anyway

Best if you don’t travel until the visa part is sorted out. He might find himself stuck on the border.