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If an undocumented immigrant voluntarily leaves the country, does the 10 year ban still apply?

Galloway, OH |

I have been in the US for over 18 years.

I also do not have my I-94 due to my original passport being lost.

Attorney Answers 4

  1. Yes, you trigger the bar by leaving.

    This response does not contitue and attorney client relationship and attorney does not assume any liability for aforementioned response to inquiry until such relationship is formally established.

  2. Whether you leave voluntarily or not is not the cause of the bar. The 10 year bar is triggered upon leaving the US if one has been in the US out of status for at least one year.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

  3. Yes, voluntary departure does not cure the bar. If you have a qualifying relative, you may be eligible for a waiver of that bar or even cancellation of removal. Consult with a lawyer to determine your best interest.

  4. Yes it isstill triggered if you accumulate unlawful presence and then leave the country whether voluntarily or not.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law

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