Can you come back to us after voluntary departure?

Returning to the United States After Voluntary Departure

Voluntary departure is a legal option for individuals who have overstayed their visas or violated immigration laws. While it allows for potential re-entry into the United States, it is important to understand the implications and potential hurdles.

Re-Entry After Voluntary Departure

After completing voluntary departure, an individual may be eligible to apply for re-entry into the United States. The process and eligibility requirements vary depending on the circumstances of the departure.

Family Sponsorship and Visas

Family members of individuals who have voluntarily departed may sponsor them for visas. Depending on the type of visa sought, there may be specific requirements such as proving financial support and a stable relationship. However, deportation orders can prevent family members from sponsoring the individual in some cases.

Deportation Orders

Deportation orders are issued by immigration courts and can preclude an individual from re-entering the United States. If an individual has been issued a deportation order, they may need to apply for a waiver to overcome this obstacle. Waivers are granted under specific criteria, such as extreme hardship to close family members or a long period of residence in the United States.

Consequences of Illegal Re-Entry

Attempting to re-enter the United States illegally after voluntary departure is a serious offense. Individuals who are caught can be subject to additional charges, including criminal prosecution. Additionally, they may face longer periods of detention and a permanent bar from legal re-entry.

Seeking Legal Counsel

Navigating the complexities of immigration law can be challenging. It is highly recommended to seek the advice of an experienced immigration attorney who can assess an individual’s situation and guide them through the re-entry process. An attorney can assist with visa applications, deportation waivers, and other legal issues related to voluntary departure.

Conclusion

Voluntary departure can provide a path for individuals to re-enter the United States legally. However, it is crucial to understand the potential limitations and consequences. By carefully considering their options and seeking legal counsel, individuals can increase their chances of successfully returning to the United States.