How soon can you come back to US after voluntary departure?

Consequences and Re-Entry Ban After Voluntary Departure

A voluntary departure, a decision to leave the United States before deportation proceedings begin, has serious implications. It triggers a ten-year ban on re-entering the country, even if the individual has resided in the US for an extended period without legal status.

Residency Duration and Re-Entry Restrictions

The duration of residency in the US without legal status plays a pivotal role in determining the re-entry ban. Individuals who have resided in the country for less than a year and voluntarily depart before deportation proceedings are not subject to the ten-year ban. However, those who have been present for a year or more face the full extent of the restriction.

Timing of Departure Irrelevant

The timing of the voluntary departure, whether before or after deportation proceedings, is immaterial. Once an individual has resided in the US without legal status for at least a year and voluntarily exits, the ten-year ban takes effect.

Implications for Re-Entry

The ten-year ban poses significant obstacles for those who wish to return to the United States. It bars individuals from re-entering for any purpose, including temporary visits or permanent residency. Exceptions can be made in exceptional circumstances, such as medical emergencies or extreme hardship faced by immediate family members. However, obtaining these exceptions is challenging and requires compelling evidence.

Consequences of Violating the Ban

Violating the re-entry ban can result in severe consequences. Individuals who attempt to enter the US during the ten-year period may be charged with illegal re-entry, a crime that carries substantial penalties. These penalties can include incarceration, fines, and deportation.

Seeking Legal Advice

If you are considering a voluntary departure, it is crucial to seek legal advice beforehand. An experienced immigration attorney can provide guidance on your individual circumstances and inform you of the potential consequences. They can also assist in exploring potential exceptions to the ten-year ban and help you navigate the complexities of the immigration system.