How soon can you come back to U.S. after voluntary departure?

Consequences of Voluntary Departure and Re-Entry Restrictions

Individuals who voluntarily depart the United States after having overstayed their authorized period of stay face significant re-entry restrictions. Voluntary departure is an option available to non-citizens who have been present in the U.S. without permission for more than a year. However, choosing this option comes with a hefty consequence.

10-Year Ban on Re-Entry

Upon voluntary departure, the individual is subject to a 10-year ban on re-entering the United States. This ban applies regardless of whether the departure occurs before or during removal proceedings. This restriction underscores the severity of overstaying and the government’s efforts to deter unauthorized stays.

Implications for Re-Entry

The 10-year ban means that the individual is prohibited from legally returning to the U.S. until the ban has expired. During this period, they will be denied entry if they attempt to enter any U.S. port of entry. This restriction can have profound implications for those who wish to return to the U.S. for personal, educational, or professional reasons.

Waiver of the Ban

In limited circumstances, it may be possible to obtain a waiver of the 10-year ban. To be eligible for a waiver, the individual must demonstrate exceptional circumstances that warrant an exception. The waiver application process can be complex and requires substantial evidence to support the request.

Seek Legal Advice

If you are considering voluntary departure, it is crucial to seek legal advice to understand the full implications and explore any potential exceptions. An experienced immigration attorney can assess your situation, advise you on the best course of action, and represent you in the departure process and any subsequent waiver applications.