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Bars to Admission: Voluntary Departure and Orders of Removal

Bars to Admission: Orders of Removal and Voluntary Departure

Often times I get asked how long someone must wait until they can apply to come back to the United States after they get caught at the border or they are ordered removed by an immigration judge. Below is a brief overview of how long someone must wait until they are eligible to apply to come back to the United States after a removal order or voluntary departure.

Expedited Removal Order or Order of Removal at the border: 5 years.

Ordered Removed (deported) more than once: 20 years

Removal Order NOT at border: 10 years

Left the US while Order of Removal was outstanding: 10 years

In Absentia Removal Order:5 years

Ordered Removed, leave, and enter or attempt to enter the United States: Permanent (Forever)

Granted Voluntary Departure but do not leave: 10 years

If someone is granted voluntary departure and leaves when required but has been unlawfully present in the United States, they may be subject to the 3 or 10 years bars for unlawful presence. This is complicated and the advice of an immigration attorney should be sought.

Also, under certain circumstances,these bars to admission may be waived. Consult with an immgration attorney to find out if you qualify.