my friend, whose visa-free had been expired more than 15 months, if the judge agrees his/her voluntary departure, can s/he back to the US using visa-free again?
thank you so much
There is no judge. If a person is on a visa waiver, they may be removed without going to any immigration court. Overstaying will disqualify a visa waiver from using the program again in the future, so no, they may not return without getting a visa.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
No, you friend won't be able to enter the US on the visa waiver program any more.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does...
It will be difficult for your friend to obtain a non-immigrant visa in the future because he/she has shown immigration intent by overstaying his/her visa and possibly working without authorization.
The response posted here is for general purposes only, and should not be construed as legal advice. Further, no attorney-client relationship is formed by responding to your generalized post. Before taking any action on your case, consult an attorney for a more detailed analysis of the exact facts and laws underlying your question.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline