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Is it possible to have voluntary departure after 14 years of unlawful status and not have the 3 or 10 year bar?

Hollywood, FL |

I left the US after 14 years of unlawful status under voluntary departure. I entered in 96 on a visitor visa and left in 2010. Is it in anyway possible that I would not be subject to the 3 or 10 year bar?

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Attorney answers 4


Not. It is not possible VD does not waive unlawful present. It only allows you to avoid the need of filing I212 and ask for permission to reapply for admission. You need a waiver and for that a qualifying relative, that is a wife or parent who is a USC.

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.



I was selected for the 2014 DV lottery and my spouses mom is a Permanent Resident.


Unfortunately, you are subject to the 10-year bar under INA 212a9B. Voluntary departure does not take away the bar. In order to apply for permanent resident status, you would need to apply for a waiver, which would require you to show an extreme hardship on your spouse or parent, and your spouse or parent would need to be either a US Citizen or Lawful Permanent Resident.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


Unfortunately you are subject to the 10 year bar to readmission.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Under these facts, no. You are subject to a 10 year bar of admissibility. If you lefty in 2010 it will not run until 2020.

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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