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When can I come back to the united states after I've been granted voluntary departure?

Cumming, GA |

My fiance is filing for his citizenship and planning on filing for me.

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Attorney answers 3


It depends. If you were out of status before being granted VD, then by departing you will still trigger 3 or 10 year bar and then you need a waiver of inadmissibility before alllowed to return. If not, then essentially you can come back anytime since your VD is not an order of deportation/removal. Once your spouse naturalizes you can have him file for you but again it depends on your previous status prior to being granted VD whether you need a waiver or not.


I agree with my colleague that you still need to look into whether you triggered any of the bars by leaving. As with any petition, you also need to look at all the other inadmissibility factors. I recommend you contact an immigration attorney to go over the details.


A lawyer will need to look at your removal proceedings paperwork, including the charges against you in the Notice to Appear in immigration court.

No attorney/client relationship is established by this response, and the information provided in this response is of a general nature. You are encourged to consult an experienced attorney in your local area if you require specific legal advice regarding your legal matter.

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