QUESTION

How to return back to USA?

Asked on Dec 09th, 2019 on Immigration - New York
More details to this question:
I was out of status more than years. And i got caught by ICE. I requested voluntary departure snd judge released me from custody. How can I come back?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Generally speaking, most individuals who have been in the US illegally for one year or more are barred from returning to the country for 10 years. That being said and assuming that you are subject, you could apply for a nonimmigrant visa and request a temporary waiver during the time requested to stay in the US. A US consular officer or immigration inspector would have to recommend the waiver, and it would be adjudicated at the Admissibility Review Office of U.S.C.I.S.  If you have any basis to immigrate and you are subject, you would apply for an I-601 waiver of inadmissibility at the end of the process which requires you to prove that denial of such would cause extreme hardship to a qualifying relative – a US citizen or permanent resident spouse or parent.  You would apply to U.S.C.I.S. after your immigrant visa application has been denied at a US consulate or embassy.  In lieu of applying for waivers, you could wait outside the US for 10 years after which you would no longer be subject to the 10 year bar. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Dec 29th, 2019 at 2:16 PM

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