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Selfdeport vs forced removal

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  • Selfdeport vs forced removal

    Is there a difference with regard to the bans?

    Person is possibly a student visa overstay.

    They had D/s on their i94 card

    Arrived in 1999
    Starts
    03-06-2019
    Ends
    03-06-2019

  • #2
    Originally posted by 234sk View Post
    Is there a difference with regard to the bans?

    Person is possibly a student visa overstay.

    They had D/s on their i94 card

    Arrived in 1999
    Yes, if you are ordered removed (including if you are put into removal proceedings and leave and are ordered removed in absentia), that triggers a 10-year ban under INA 212(a)(9)(A). On the other hand, if you leave voluntarily, or if you are put into removal proceedings but you are granted Voluntary Departure and you leave according to the terms of the Voluntary Departure, you don't have this ban.

    Note that you would also have a 3-year ban under INA 212(a)(9)(B) if you leave now since people in F/J/M status who are out of status started accruing "unlawful presence" from August 9, 2018, and it's been more than 180 days since then.

    This is my personal opinion and is not to be construed as legal advice.

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