My brother is a lawful permanent resident but is in removal proceedings for more than one misdemeanor theft that made him inadmissible now. He is detained and was denied bond and would qualify for cancellation of removal but does not want to stay detained until his master hearing in June so is thinking about asking for voluntary departure. He was never "unlawful" as far as the days counting towards the 3 year bar. My question is what are the consequences as far as him trying to come back to the U.S after he departs and how long would it take for him to return and what is the process? Thank you
He will need a 212(c) waiver to return to the USA. It will take anywhere from a year to three years assuming he qualifies. Consult an experienced immigration attorney for details related to his specific case.
Since he was an LPR the "bars" do not apply to him at all. I doubt he can get voluntary departure under these facts but assuming he can the question for him coming back is who is going to sponsor him?
You need to consult an attorney in this matter before any final decision is made.
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