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Voluntary departure - no bar?

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  • Voluntary departure - no bar?

    Say if one becomes deportable, seems he can get voluntary departure without ever entering the removal proceeding. Here's the text from Immigration Act 240B: "The Attorney General may permit an alien voluntarily to depart the United States at the alien's own expense under this subsection, in lieu of being subject to proceedings under section 240 or prior to the completion of such proceedings, ..."

    So does this mean even if one's deportable, as long as he can avoid the removal proceeding and get VD directly, he's not subject to any bar for readmission? because the 10 year bar only applies to someone who's ever had an order of removal (section 212(a)(9))? Is there a real difference or just the semantics in different sections of the law?

  • #2
    Say if one becomes deportable, seems he can get voluntary departure without ever entering the removal proceeding. Here's the text from Immigration Act 240B: "The Attorney General may permit an alien voluntarily to depart the United States at the alien's own expense under this subsection, in lieu of being subject to proceedings under section 240 or prior to the completion of such proceedings, ..."

    So does this mean even if one's deportable, as long as he can avoid the removal proceeding and get VD directly, he's not subject to any bar for readmission? because the 10 year bar only applies to someone who's ever had an order of removal (section 212(a)(9))? Is there a real difference or just the semantics in different sections of the law?

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    • #3
      Top Paragraph is for eligiblity of VD, Some cases alien is not eligible for VD.
      3/10 yrs bar is after the VD granted, and is same and applied to all matters, if the alien fail to depart. bar will not kick-in unless alien depart From US.

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      • #4
        Mohan, I believe it makes sense impose the same kind of bar on someone departed voluntarily due to some deportable reasons. But I still can't make sense of the immigration act on this as there's clearly a voluntarily departure option for certain not-so-serious deportables without ever entering a removal proceeding (am I wrong on this part?)

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        • #5
          Let me put this way it will be easy to understand,
          As per the Law Attorney general has guidelines to issue VD.
          The first paragraph is to comply with the said guidelines, lets say if the person is in removal proceeding and have some kind of conviction, he is not allowed for VD. Some times person is not even in Deportation proceedings but due to the kind of coinvictions alien was put to the deportation proceedings and due to this guidelines attorney general cannot grant and not allowed to grant V Deaparture.

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          • #6
            being removable (from the U.S.) and inadmissiable (to the U.S.) are two different things. If you're granted VD (without the proceedings of removal, the better!).

            When you may come back (if ever) depends on your inadmissability. In general, I'd say, if you qualify for VD, you may qualify for admissability after a statute of limitation (3/5/10/or 20 yrs.) or immediatly if you also qualify for a waiver of inadmissiability.

            There are many civil violations and criminal convictions that may make you inadmissiable, but not deportable or vice versa, or both. It's too complex.

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