Can I re-enter USA after voluntary departure?

This is a discussion on Can I re-enter USA after voluntary departure? within the Deportation & Removal Issues forum, part of the Other Immigration Law & Visas category; HI! I am in very difficult situation. I would like to know if I can re-enter USA again after I ...

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Old Jan 8th, 2013, 03:09 PM   #1
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Confused Can I re-enter USA after voluntary departure?

HI! I am in very difficult situation. I would like to know if I can re-enter USA again after I voluntary deported?( I was granted by judge and deported in time before Master Hearing). Since I left USA passed only 1 month...I've been in USA for almost 5 years, was seeking for asylum with my husband.We applied for asylum before 1 year of illegal stay in USA. My husband remained there but we getting divorced. No criminal issues,bad records in my history of life in USA. Always paid taxes each year. Worked legally all the time. But cause of some circumstances in my life I decided voluntary deport and now I kind of regret about it. Would like to know if I can re-enter USA ever again?I heard can be a ban of 3 years...I don't know there is a ban in my situation?Can I ever re-enter and how long I should wait till I can apply for tourist visa?And can I apply for tourist visa at all?My lawyer last time told me that I can re-enter only if I get marry to USA citizen or if somebody in USA will hire me...Is it true?Thank you for all advices in advance!
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Old Jan 8th, 2013, 03:18 PM   #2
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Default Re: Can I re-enter USA after voluntary departure?

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HI! I am in very difficult situation. I would like to know if I can re-enter USA again after I voluntary deported?( I was granted by judge and deported in time before Master Hearing). Since I left USA passed only 1 month...I've been in USA for almost 5 years, was seeking for asylum with my husband.We applied for asylum before 1 year of illegal stay in USA. My husband remained there but we getting divorced. No criminal issues,bad records in my history of life in USA. Always paid taxes each year. Worked legally all the time. But cause of some circumstances in my life I decided voluntary deport and now I kind of regret about it. Would like to know if I can re-enter USA ever again?I heard can be a ban of 3 years...I don't know there is a ban in my situation?Can I ever re-enter and how long I should wait till I can apply for tourist visa?And can I apply for tourist visa at all?My lawyer last time told me that I can re-enter only if I get marry to USA citizen or if somebody in USA will hire me...Is it true?Thank you for all advices in advance!
If you were banned for overstay, regardless of whether you left voluntarily or not, you are subject to a re-entry ban. After 180 days, the overstayer will be subject to a three-year ban from the United States. This prevents the person from receiving a U.S. visa or entering the country at all. After one year of overstay time, this three-year ban is extended to 10 years. If an overstayer applies for a visa during the ban, it will be refused. It is possible that he person will be offered the chance to submit a hardship waiver to prove that not entering the United States would present extreme hardship. This waiver requires additional information and processing time.
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Old Jan 8th, 2013, 03:19 PM   #3
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Default Re: Can I re-enter USA after voluntary departure?

Your situation is complicated. Follow your lawyers advice.
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Old Jan 8th, 2013, 03:22 PM   #4
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Default Re: Can I re-enter USA after voluntary departure?

I wish to inform you that you may apply for a waiver of inadmissibility along with a non immigrant visa at the local US consulate in your country. If the waiver of inadmissibility is granted then you may be granted the non immigrant visa like B1/B2, H1B, J1, etc. You will have to show extreme hardship to a US citizen spouse or parent. Alternatively, you may get married to a US citizen and apply for an immigrant visa along with the waiver of inadmissibility.

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Old Jan 8th, 2013, 03:43 PM   #5
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Default Re: Can I re-enter USA after voluntary departure?

Thanks for help to everyone. But I'm still confused.How long I have to wait till I can apply for non immigrant visa or waiver of inadmissibility?
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Old Jan 8th, 2013, 04:12 PM   #6
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Default Re: Can I re-enter USA after voluntary departure?

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Thanks for help to everyone. But I'm still confused.How long I have to wait till I can apply for non immigrant visa or waiver of inadmissibility?
If you apply for ANY visa at this point, you will be denied due to the ban. However, you can immediately apply for a waiver of inadmissibility if you wish.

Keep in mind that USCIS will review ALL relevant facts in your case. Given the circumstances under which you overstayed, I'm not seeing a valid reason to grant a waiver.

The circumstances for why you wanted to remain in the US haven't changed. You intended to remain in the US indefinitely, and would have unless you had been brought before immigration officials for deportation proceedings. You applied for asylum and were already denied. You no longer have any permanent ties to the US that warrant a waiver, as you and your husband were in the process of getting a divorce.

Just WANTING to come back isn't going to be sufficient reason or grounds for a waiver. You will need to demonstrate an EXTREME hardship, which can be proven in a variety of ways, including a showing of hardship affecting the health, emotional well-being, finances, educational opportunities, extended family, culture/language/religious/ethnic barriers, a fear of persecution and others. Extreme Hardship is evaluated based on the "totality of circumstances," which essentially means all factors must be assessed cumulatively.
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Old Jan 8th, 2013, 04:42 PM   #7
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Default Re: Can I re-enter USA after voluntary departure?

OK I understand almost everything. But I see it's really complicated. But one more thing I guess i didn't mention it that our case still in process. The asylum wasn't denied. I just voluntary departed before Master Hearing. And I don't know if it's helpful to my case - I voluntary departed cause my mom got sick badly and I couldn't leave her alone anymore. She needs my help right away so I couldn't stay there longer but I really wanted to fight my rights for legal stay in Usa and win my case...So I don't know can I show under "extreme hardship" evidence of my mom's serious health problems something like medical report or certificate?Thank you.
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Old Jan 8th, 2013, 06:46 PM   #8
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Default Re: Can I re-enter USA after voluntary departure?

Your reason for departure contradicts your claim for asylum. You claim it was so dangerous you could not go back to immigration, then go back anyway. You need a lawyer.
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Old Jan 8th, 2013, 07:23 PM   #9
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Default Re: Can I re-enter USA after voluntary departure?

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Your reason for departure contradicts your claim for asylum. You claim it was so dangerous you could not go back to immigration, then go back anyway. You need a lawyer.
Precisely.

If it was that dangerous for you to return to your home country, you would have been making efforts to get your Mom to come to the US rather than voluntarily returning home to take care of her.

While there's nothing to stop you from filing for a hardship waiver, I cannot see any valid reasons for granting it.
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Old May 13th, 2013, 12:45 PM   #10
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Default Re: Can I re-enter USA after voluntary departure?

Hi Kukolka,

I can relate to your situation a lot because I also left the USA on voluntary departure and regret it so so much. My father was also sick so I was under a lot of stress and pressure about that. I have been miserable and my health has been affected extremely bad both physical and emotional. I would like to speak more with you perhaps we can share some information we have gathered. I have consulted some lawyers. Hope we can connect. Thanks Ro
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