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Re entry after voluntary deportation.

Pompano Beach, FL |

I lived in Florida for 14 years and got a voluntary deportation by a Immigration Judge after been arrested by a ICE agent in a bus trip to Boston. I am Brazilian and I been in Brazil for 4 years now, I got a job offer in Florida and they agree to be my sponsor, can I get a work permit or even a green card??

Attorney Answers 4

  1. You will not have a deportation issue if you left US during time period allotted by VD order. You will have an inadmissibility problem for the next 6 years which cannot be overcome but on a family based petition with a waiver. You can also seek nonimmigrant visa waiver in conjunction with your employment based nonimmigrant visa. Hire an immigration attorney. You will have hard time dealing with waiver issues on your own.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  2. You will need to deal with inadmissibility issue. Assuming you have been unlawfully present for more than a year, you cannot re-enter for 10 years. You must get a waiver of this unlawful presence if you want to re-enter. Please contact an immigration attorney. This is something you MUST consult with an immigration attorney.

  3. Unlikely. Your unlawful presence and removal has rendered you inadmissible for 10 years.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

  4. There is no such thing as "voluntary deportation." There is "voluntary departure" which is where you agree to depart the United States within the time period fixed by an immigration judge in lieu of an order of deportation and it appears this is what you are referring to.

    Assuming you complied with the Court's voluntary departure order, we need more facts to determine what grounds of inadmissibility may apply to you. For example, if you were unlawfully present in the U.S. for more than a year prior to your departure then you would be inadmissible for 10 years from the date of your departure (this is separate and distinct from the period of inadmissibility which may apply as a result of a deportation order).

    Certain grounds of inadmissibility may be waived and more information is also needed to determine whether you are eligible for a temporary working visa or permanent residence based upon your job offer. Consult with an experienced immigration attorney who can review the facts of your case and advise you as to the options available and how best to proceed. Many attorneys will conduct consultations via telephone or Skype for clients out of their local area.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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