Can you come back to U.S. after voluntary departure?

Understanding Voluntary Departure and its Impact on Re-Entry to the U.S.

Voluntary departure presents an alternative to deportation for individuals residing in the United States without legal status. By choosing to leave the country voluntarily within a specified timeframe, individuals can avoid the negative consequences associated with a deportation order.

Pathways for Re-Entry

After voluntarily departing the U.S., individuals have two primary options for returning:

• Visa Applications from Home Country: Individuals can apply for a visa at the U.S. embassy or consulate in their home country. The specific visa requirements vary depending on the individual’s circumstances and the purpose of their travel.

• Family-Sponsored Entry: U.S. citizens or lawful permanent residents can sponsor family members for immigration to the United States. However, this option is subject to strict eligibility criteria and lengthy processing times.

Differences from Deportation

Unlike voluntary departure, deportation carries significant consequences for future re-entry attempts. Individuals deported from the U.S. face:

• A lengthy ban on re-entry, typically ranging from 5 to 10 years.
• Potential ineligibility for future visas, even after the ban period expires.
• Additional barriers to re-entering legally, such as increased scrutiny and mandatory biometrics collection.

Long-Term Implications

Choosing voluntary departure over deportation can have far-reaching implications. While it offers a pathway for future re-entry, it also imposes certain limitations:

• Visa Restrictions: Individuals who have voluntarily departed may face more stringent visa requirements when applying for re-entry.
• Limitations on Certain Benefits: Re-entering the U.S. through voluntary departure may affect eligibility for certain benefits, such as public assistance and employment authorization.
• Potential Impact on Family: Family members who remain in the U.S. may face challenges in sponsoring the individual’s return due to the voluntary departure notation on their immigration record.

Conclusion

Voluntary departure provides an avenue for individuals to leave the U.S. without the severe consequences of deportation. However, it is crucial to carefully weigh the potential long-term implications before making a decision. Consulting with an experienced immigration attorney can help individuals understand their options and navigate the complex process of re-entering the United States.