If a judge grants you a voluntary departure and notes 237(a)(1)(c)(i) and your case number on a page of your passport, do you get exemption from the 3 or 10 year re-entry bar?

NA 237(a)(1)(c)(i) is the part of the law that indicates that you were overstaying your non-immigrant visa.
The bar from entering the US is listed in INA 212(1)(9)(B):
(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-
(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235(b)(1) or section 240 , and again seeks admission within 3 years of the date of such alien’s departure or removal, or
(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s departure or removal from the United States,is inadmissible.”

So, even with voluntary departure, you are not eligible to enter the US for the duration of 3/10 years.

Source: murthy Forums

 

One Response to Law Tips:Does voluntary departure give me any advantages?

  1. […] Law Tips:Does voluntary departure save you from the 3/10 year bar? – Today, 03:36 PM If a judge grants you a voluntary departure and notes 237(a)(1)(c)(i) and your case number on a page of your passport, do you get exemption from the 3 or 10 year re-entry bar? NA 237(a)(1)(c)(i) is the part of the law that indicates that you were overstaying your non-immigrant visa. The bar from entering the US is listed in INA 212(1)(9)(B): (i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who- (I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235(b)(1) or section 240 , and again seeks admission within 3 years of the date of such alien’s departure or removal, or (II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s departure or removal from the United States,is inadmissible.” So, even with voluntary departure, you are not eligible to enter the US for the duration of 3/10 years. More, see Mwalimu’s Blog […]

Leave a Reply

Your email address will not be published. Required fields are marked *