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Special Case regarding voluntary departure

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  • Special Case regarding voluntary departure

    Hi, I left the U.S voluntarily in 2012 without advising any governmental authority. I simply bought a plane ticket to Lima, Peru and left. Prior to my departure, I had been living in the U.S close to 20 years, I was 5 years old when my mom brought me to the States (LosAngeles, CA) with fake papers. In 2008, my father who is a U.S resident petitioned an immigrant visa for me.. The turning point of this case occurred recently this week. My mom received a letter that said my Visa petition was ready for processing at the National Visa Center, she contacted an attorney and he told her that I had to sign a waiver/pardon of some sort in the American embassy here in Lima. My question is this, is it possible for me to return to the U.S legally?

    Appreciate any help given, thank you beforehand.

  • #2
    Re: Special Case regarding voluntary departure

    If it helps, I have no criminal record regarding felonies or misdemeanors.
    I have an associate's degree.
    Currently working as an english teacher in peru.


    • #3
      Re: Special Case regarding voluntary departure

      I wish to inform you that you voluntarily left the United States at the age of about 25 years. This triggered a reentry ban. Up to the age of majority you incurred no period of unlawful stay in the United States. In 2012, after you left the United States a 3 year or 10 year reentry ban came into force. You will now require a waiver to reenter the United States prior to the period of the reentry ban getting over. Once the visa is refused, you may apply for the waiver in the US embassy in Lima showing undue hardship to your parents if they are US citizens. The immigration official in the embassy will decide the matter.



      • #4
        Re: Special Case regarding voluntary departure

        The ban applies automatically based on the amount of unlawful presence the person acquired in the United States before leaving. Based on the information you provide, you are likely subject to a 10 year bar. In order to enter US legally, you would need to apply for a waiver, which would require you to show an extreme hardship on your spouse or parent who are lawful residents in US. I recommend you consult with an attorney for specific guidance about your situation.


        • #5
          Re: Special Case regarding voluntary departure

          It will be a 10 year ban. A waiver can only be filed by a US citizen not a US resident.
          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.


          • #6
            Re: Special Case regarding voluntary departure

            Thank you all for replying to my inquiry. It's a bit disheartening to hear my legal situation is compromised but I guess I'll take it on a positive note and continue developing my life over here. Thanks again.


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