If and illegal person do a voluntary deportation is
She /he can still return to US if they will petetion
With a US citizen person ?
2 Answers from Attorneys
If you accrued 180 days or more of illegal presence prior to your departure, then you will face a statutory bar to re-entry for either 3 or 10 years, depending on the duration of your unlawful presence.
Furthermore, only a U.S. citizen "immediate relative" (spouse, child over 21 or parent) could petition you. You cannot be petitioned by just any U.S. citizen.
If you have been deported from the United States either voluntarily or forcibly by an Immigration Judge and/or Immigration and Customs Enforcement ("ICE") and/or Customs and Border protection ("CBP"), there are many legal mechanisms and methods for you to return to the United States.
For example you can always file a Motion to Reopen or a Motion to Reconsider (even if you are outside the United States) and you can always file petitions that you may be eligible for regardless of whether you are currently outside the USA.
Furthermore you may still be able to attack criminal convictions collaterally that resulted in your deportation proceedings and clean up your criminal record.
In some cases if you file a Motion to Reopen or a collateral attack on your Criminal Conviction through a successful Motion to Vacate, you might be able to persuade a Judge to issue you a subpoena so that you can testify personally in your Immigration Proceedings or even in Criminal Court, either federal, state, or local if you can persuade the Judge that your personal testimony is absolutely essential in furtherance of justice.
For further details, information, and a free consultation to see if you qualify, please call our law office at (212) 968-8600, toll free at (866) 426-5628, or email us at [email protected]
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