Query On Deportation

If someone is under deportation proceedings for staying even after their work visa was denied, can they leave under a voluntary departure, and will the 10 years bar still apply?
Posted 1 year ago  | 
General Legal,International Law
General Legal International Law

1 Answer(s)

Tanushree Sharma
Advocate

They may leave the USA through a Voluntary Departure. However, more than likely there will be two 10 year bar periods — 1 for having a deportation order to begin with, and 2 for overstaying. The only way to come back sooner than the barred time would be to have an I-601 waiver granted for hardship. Extreme hardship is very hard to prove since it can only be used for a spouse or parent in most cases.