DEPORTATION LETTER

[xray 0]

One of my friends was sent 'voluntary deportation' letter.He want to sign it. But want to know if he can enter America again in the future?

[katiemanny 64]

It all depend of the reason for deportation, usually there's a 3 or 10 years bar before re-enter the US, and the only way would be through an Immigrant visa. Forget about non-immigrant visa.

He must depart from the US before the due date, or he will get an additional 5 years bar.

Edited June 3, 2011 by katiemanny

[indian guy 13]

One of my friends was sent 'voluntary deportation' letter.He want to sign it. But want to know if he can enter America again in the future?

There are two bars, ( deportable and second is Ineligible to enter) If he receive the letter of voluntary departure and he leave the country within time provided by DHS then he will ont have one bar i.e 3-10 years. but he still will have bar of ineligiblity.

He still needs a waiver I 212 to enter to overcome the ineligiblity bar.

[TracyTN 237]

He might want to have a one time consultation with an immigration attorney to make sure he understands everything clearly.

[katiemanny 64]

There are two bars, ( deportable and second is Ineligible to enter) If he receive the letter of voluntary departure and he leave the country within time provided by DHS then he will ont have one bar i.e 3-10 years. but he still will have bar of ineligiblity.

He still needs a waiver I 212 to enter to overcome the ineligiblity bar.

I disagree, so why do you think he was requested to leave the US? This individual will have a bar for unlawful present in the US, volunteer departure wont trigger a deportation bar. So yes a 3-10 years bar will apply once leave the US.

Edited June 3, 2011 by katiemanny

[Brother Hesekiel 2,235]

First of all, there is no such thing as a voluntary deportation. Compare it to rape: nobody agrees to being raped. If they did, it wouldn't be rape anymore, but sexual intercourse between consentual parties.

There is deportation, and voluntary departure. Usually a person faced with deportation would apply for VD. When that can and could be granted is a too complex issue to discuss here, but if somebody agrees to depart the US voluntarily, he or she would avoid the 5 to 20 year bar for deportation. If the person has been unlawfully present in the US (either due to EWI or overstay), the 2 or 10-year bar would be triggered nonetheless. The issue is less dramatic as both bars, the one for deportation and the one for overstay, would be served concurrently, meaning at the same time. The reasons to get the I-601 waiver for unlawful presence approved are also the same for those needed for the I-212 waiver for deportation. So in most cases it's a non-issue.

That said, if somebody faces deportation, applying for or accepting VD is the way to go.

Whether or not such a person may return to the US is another issue.

First of all, a person could be inadmissible for life, i.e., if a Green Card holder gets deported for felonies committed. But even if that's not the case, somebody who has a nasty history with USCIS, whether that's through overstay or a crime committed will not ever get a non-immigrant visa to the US again. That has nothing to do with the bar or bars; it's because every application for a visa, whether visitor's visa or student visa, is adjudicated on its own merit, and knowing how difficult some people have it to even get a visa under good circumstances, you'll understand that somebody with a history has almost zero chance.

What would work, assuming the foreigner is not inadmissible for life, is an immigrant visa, once the bar or bars have been served. In plain English: if the guy who's being kicked out is married to a US citizen, and he's still married when he applies again, he has a shot to come back, earlier if a hardship waiver would be approved.

[indian guy 13]

First of all, there is no such thing as a voluntary deportation. Compare it to rape: nobody agrees to being raped. If they did, it wouldn't be rape anymore, but sexual intercourse between consentual parties.

There is deportation, and voluntary departure. Usually a person faced with deportation would apply for VD. When that can and could be granted is a too complex issue to discuss here, but if somebody agrees to depart the US voluntarily, he or she would avoid the 5 to 20 year bar for deportation. If the person has been unlawfully present in the US (either due to EWI or overstay), the 2 or 10-year bar would be triggered nonetheless. The issue is less dramatic as both bars, the one for deportation and the one for overstay, would be served concurrently, meaning at the same time. The reasons to get the I-601 waiver for unlawful presence approved are also the same for those needed for the I-212 waiver for deportation. So in most cases it's a non-issue.

That said, if somebody faces deportation, applying for or accepting VD is the way to go.

Whether or not such a person may return to the US is another issue.

First of all, a person could be inadmissible for life, i.e., if a Green Card holder gets deported for felonies committed. But even if that's not the case, somebody who has a nasty history with USCIS, whether that's through overstay or a crime committed will not ever get a non-immigrant visa to the US again. That has nothing to do with the bar or bars; it's because every application for a visa, whether visitor's visa or student visa, is adjudicated on its own merit, and knowing how difficult some people have it to even get a visa under good circumstances, you'll understand that somebody with a history has almost zero chance.

What would work, assuming the foreigner is not inadmissible for life, is an immigrant visa, once the bar or bars have been served. In plain English: if the guy who's being kicked out is married to a US citizen, and he's still married when he applies again, he has a shot to come back, earlier if a hardship waiver would be approved.

Thats what I try to write about the bars, Bob made it very clear. I want to add " sometimes ICE sends a letter toto Alien to his last address in file saying that he is no more legally present in this country and he has a chance to leave voluntarily. On other times Bag and baggage letter is issued by ICE. sometimes is a part of differed action deal etc."