Voluntary Departure vs. Removal

My husband just received a Notice to Appear (NTA) and is being deported. I heard that he can get voluntary departure and come right back in. Is that true?

It is possible. However, if your husband is removed, he will be barred from entering the US for ten years unless he can obtain a waiver. If he is qualified to obtain voluntary departure there will be no bar for being removed. However, he may still be subject to other grounds of inadmissibility. For example, he may be subject to the 3/10 year bar if he accrued more than 180/365 days of unlawful presence. He may also be inadmissible due to previous criminal violations or for fraud/misrepresentation if he fraudulently entered the country.

Voluntary departure will not cure any grounds of inadmissibility other than the 10 year removal bar. It is very important that he be well represented in immigration court if you want him to be able to return or remain in the US.

Posted on July 19, 2012 at 2:24 pm by Immigration Lawyer Peter Messersmith · Permalink
In: Deportation, Removal · Tagged with: ,

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  1. Written by Joe stukes
    on November 24, 2012 at 12:15 am

    Spouse serving time for food stamp faud (7 usc 2024(b) and (c) and money launderying 18 usc 1957 and 2. , lose amount over $10,000.Which are crimes involving moral turpitude. Which is multiple criminal conviction. She no other criminal convictions. I 485 was denied, i 485 would have been approved, but was denied base on applicant did not come to interview due to the that she was serving time at the time of interview. Still waiting on letter of denial from interviewer. I have 30 days to appeal. I have i601 waivier ready to file. I have very limited income. Spouse have 7 month left to serve on sentence. Will waiver help her from being deported.

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