QUESTION
Possibility of reentry 10 years after voluntary departure?
Asked on Apr 07th, 2013 on Immigration - Oregon
More details to this question:
In 2003, I was convicted of overstaying my visa after being suspended from college in the United States. The immigration judge at the time ordered that I voluntarily leave the United States, which I did. Ten years have passed by now. What are the chances that I can enter again, not for education or other needs, but just for visiting? Also, my nation is part of the Visa Waiver Program. Does that factor into better or worse changes?
1 ANSWER
2 Awards
Voluntary departure carries a number of benefits. First, because it is not a removal order, leaving the United States under voluntary departure does not result in inadmissibility for 10 years under Immigration and Nationality Act (INA) §212(a)(9)(A). In addition, since it is not a removal order, voluntary departure does not subject a person to reinstatement of removal, should that person subsequently enter the United States unlawfully. Finally, voluntary departure allows the individual to leave on his or her own, avoiding the stigma of deportation. Thus, you should be able to return in any available legal status, including under the visa waiver program.
Answered on Apr 09th, 2013 at 10:01 PM