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Can I obtain a work visa after being voluntary deported from the US?

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  • Can I obtain a work visa after being voluntary deported from the US?

    Here is my case:
    I recieved a Conditional residency green card after H2 viza. After one and a half year if being in the US I was charged with people smuggling. I lost my court and both appeals including the 9th Circut. My case took 8 years. Finally I have scheduled a voluntary departure ( not quite sure if it was departure or deportation).
    Its been 3 years since I left the US and my mother who is a US citizen.
    My question is:
    Can I re-enter the US on a work viza?

    I have never had any criminal records.

    Thank you

  • #2
    re: Can I obtain a work visa after being voluntary deported from the US?

    Under the circumstances you mentioned it is unlikely the US will allow you to return.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      Originally posted by angelanna33 View Post
      Here is my case:
      I recieved a Conditional residency green card after H2 viza. After one and a half year if being in the US I was charged with people smuggling. I lost my court and both appeals including the 9th Circut. My case took 8 years. Finally I have scheduled a voluntary departure ( not quite sure if it was departure or deportation).
      Its been 3 years since I left the US and my mother who is a US citizen.
      My question is:
      Can I re-enter the US on a work viza?

      I have never had any criminal records.

      Thank you
      Sorry, but "I was charged with people smuggling and lost my case and appeal" and "I have never had any criminal records" are conflicting statements. Of course you have a criminal record, having been arrested and charged with this crime.

      You probably left voluntarily as part of a deal with the justice department to avoid prison time and saving the taxpayers the expense of housing you while you served your sentence - and which would have resulted in involuntary deportation afterwards.

      Suffice to say that based on your criminal history, you are certain to be refused reentry for a work visa - and probably are subject to a PERMANENT BAN.
      "If it ain't in writing, it never happened."
      "A lack of planning on your part does not constitute an emergency on my part."
      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

      Comment


      • #4
        re: Can I obtain a work visa after being voluntary deported from the US?

        I meant to say "no other" criminal records. I was prosecuted by an immigration court, so there would be no jail time as the punishment was deportation.
        I was in good standing with US officials during the entire time and thats why I left on my own terms.
        Reding some other posts I came accross such thing as "ban removal". I was wondering if it could be applicable to me. Thank you

        Comment


        • #5
          re: Can I obtain a work visa after being voluntary deported from the US?

          Again, based on your crime, I do not see that USCIS would grant you any type of visa.
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

          Comment


          • #6
            Originally posted by angelanna33 View Post
            I meant to say "no other" criminal records. I was prosecuted by an immigration court, so there would be no jail time as the punishment was deportation.
            I was in good standing with US officials during the entire time and thats why I left on my own terms.
            Reding some other posts I came accross such thing as "ban removal". I was wondering if it could be applicable to me. Thank you
            There's always the possibility of a hardship waiver, but considering your criminal history and what you did when you already had an H1 visa the first time, I'm going to venture a guess and say NO. It appears you used the immigration system for a way to get here before, only to abuse it for personal financial gain in a criminal enterprise. Our USCIS folks aren't that naive or gullible to be used that way again.
            "If it ain't in writing, it never happened."
            "A lack of planning on your part does not constitute an emergency on my part."
            "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

            Comment


            • #7
              re: Can I obtain a work visa after being voluntary deported from the US?

              H2 viza. Please, do not judge so quickly as I was a victime of circumstance. And trust me I was not as you say using immigration system for criminal ir personal gain. On a contrary, I was deported also because I was holding a conditional residency. If I were a permanent resident or a citizen at the time none of tbat would have happen. Speaking of a system, while in proceedings I got a letter from immigration that they have approved me for a long term green card , so its safe to say that noones perfect, even your folks at USCIS.
              I never was a criminal nor I am now. I would not even attempt to come to US again if not for my elderly mother and job offers. Thank you

              Comment


              • #8
                re: Can I obtain a work visa after being voluntary deported from the US?

                Originally posted by angelanna33 View Post
                H2 viza. Please, do not judge so quickly as I was a victime of circumstance. And trust me I was not as you say using immigration system for criminal ir personal gain. On a contrary, I was deported also because I was holding a conditional residency. If I were a permanent resident or a citizen at the time none of tbat would have happen. Speaking of a system, while in proceedings I got a letter from immigration that they have approved me for a long term green card , so its safe to say that noones perfect, even your folks at USCIS.
                I never was a criminal nor I am now. I would not even attempt to come to US again if not for my elderly mother and job offers. Thank you
                You went through a trial and appeals, and if you were as innocent as you claim, you wouldn't have been subjected to deportation, voluntary or otherwise.

                I suspect that the alleged approval you claim to have received for a permanent green card will have since been withdrawn due to the circumstances of your departure. But hey, feel free to spend your time and money to reapply. Note that USCIS can reject your application based upon an arrest for certain crimes. They don't require an actual conviction to deny you entry. That, paired with the fact that after both trial and appeal, you were STILL required to leave the country, should tell you that it will be a waste of time and money for you. But, please - do pay for a consult with an immigration attorney who is going to tell you the same thing, and charge you for the privilege.
                "If it ain't in writing, it never happened."
                "A lack of planning on your part does not constitute an emergency on my part."
                "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

                Comment


                • #9
                  re: Can I obtain a work visa after being voluntary deported from the US?

                  Again, I was subject of deportation because I had Conditional residency at the time. If I had permanent green card or was a citizen things might have been different. As for approval, technically it should not have been issued on the first place if one department knew about the work of another.
                  I have never been arrested for anything before or after the incident. During the 8 years of my trial and appeals I got a BS in biology from a prestige university and was working in cancer research up until the time I was deported. Paid taxes entire time.
                  Even before the first appeal I was told by my lawer that the appeal court agrees with the decision of the judge in almost 100% cases. And as for the 9th circut? First they have scheduled a rehearing, then they changed their minds and denied my appeal siting that my apeal clames should be presented during my trial..... I have to say that I had different attourneys during the trial and during appeals, because the first lawer I had turned out to be unprofessional ( he turned out to have a very bad reputation to say the leadt which I was not aware of when I hired him). How much of that stuff I could have known at 22 being in a foreign country for 1.5 years? I dont want to excuse myself in any way. The story happend 11 years ago ( in 2002). I am an adult now and capable of taking full resposibility for my previous and future actions. I am not even asking for justice anymore. All I want now is to be able to see my mother in her home and being able to freely work and travel all over the world without any restrictions. Thats all. Thank you

                  Comment


                  • #10
                    re: Can I obtain a work visa after being voluntary deported from the US?

                    You were an adult then. Reality is exactly that. Perhaps you should try Canada.
                    Due to a recent promotion, I should now be referred to as Major Obvious.

                    I would not be trying to provide information and knowledge if I did not sympathize.

                    Some days it is just not worth chewing through the restraints to face life.

                    Comment


                    • #11
                      re: Can I obtain a work visa after being voluntary deported from the US?

                      Disagreeable, you are completely missing the point. Try Canada for what? To live there are better places in the world the the US, just to let you know.

                      Comment


                      • #12
                        re: Can I obtain a work visa after being voluntary deported from the US?

                        Originally posted by angelanna33 View Post
                        Disagreeable, you are completely missing the point. Try Canada for what? To live there are better places in the world the the US, just to let you know.
                        Then you shouldn't worry your pretty little head about coming back here. At least from Canada, you will be able to seek visits with your family.
                        Due to a recent promotion, I should now be referred to as Major Obvious.

                        I would not be trying to provide information and knowledge if I did not sympathize.

                        Some days it is just not worth chewing through the restraints to face life.

                        Comment


                        • #13
                          re: Can I obtain a work visa after being voluntary deported from the US?

                          Yeah, I should try Mexico too in this case. Now what should I do about US job offers, smarty pants?

                          Comment


                          • #14
                            re: Can I obtain a work visa after being voluntary deported from the US?

                            Originally posted by angelanna33 View Post
                            Yeah, I should try Mexico too in this case. Now what should I do about US job offers, smarty pants?
                            Politely ignore them or research whether they have branches in MX or CA. Not trying to come across as sexist, I would not move to Mexico for a job as a male. You would be very foolish to do so as a female. It is not safe anymore for foreigners.
                            Due to a recent promotion, I should now be referred to as Major Obvious.

                            I would not be trying to provide information and knowledge if I did not sympathize.

                            Some days it is just not worth chewing through the restraints to face life.

                            Comment


                            • #15
                              re: Can I obtain a work visa after being voluntary deported from the US?

                              Thank you. However, being in the entertainment industry now it would be hard to perform a life show from accross the border Thank you for your feedback.

                              Comment

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