QUESTION
If I signed a voluntary deportation, can I go back to the US?
Asked on Feb 22nd, 2012 on Immigration - New York
More details to this question:
I got arrested for a DUI but had an driver’s license which I acquired legally but I am not legal in the US. I entered the country when I was 9, my parents brought me. After I got arrested I was sent to an ICE detention center and was asked to sign a Voluntary Deportation and was told it was my only option now. I’m here in Mexico. Can I still go back legally? If so, will marriage be a good option? I am engaged. Can I qualify to get a Visa here in Mexico?
4 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
Your fiance can file for you but you will need at least one and possibly two waivers. Waivers are based on the hardship of your fiance or spouse.
Answered on Feb 24th, 2012 at 7:57 PM
Intellectual Property Attorney serving Menlo Park, CA
at
Sheppard Mullin
Update Your Profile
Can I return to the US after voluntary departure? Voluntary departure means that you do not have a removal record and therefore you are not subject to the 5 or 10 year bar after removal. However, there are many other bars that would prohibit you from returning to the US, such as unlawful presence, criminal convictions, alien smuggling, visa fraud/misrepresentation. The time you spent in the US after you were brought in by your parent and before you reached 18 is considered "unlawful presence" which would render you ineligible to return to the US for 3 to 10 years depending on how much "unlawful presence" time you had. Please consult with immigration lawyer for advise.
Answered on Feb 23rd, 2012 at 12:16 PM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
Update Your Profile
There is a chance. However, you need to be clear as to whether you obtained voluntary departure vs. deportation. The move here is to marry abroad and your wife can petition you.
Answered on Feb 23rd, 2012 at 11:50 AM
Leon Wildes
You need to apply to the US consulate to request advice as to your eligibility based on marriage to a US citizen to immigrate to the USA. And get a copy of your deportation order.
Answered on Feb 23rd, 2012 at 10:47 AM