illegal Entry

[ras wyse 3]

If you are in the US illegally, having snuck in and wish to leave and return legally what are the options and also if you are found and deported is there no way you will be allowed back legally?

[JAPrincess 27]

If you are in the US illegally, having snuck in and wish to leave and return legally what are the options and also if you are found and deported is there no way you will be allowed back legally?

I have limited understanding of the details regarding a waiver for this reason, tho from what I have read it is the most common reason for needing a waiver (i-601 waiver of inadmissibility).

Illegal presence for more than 180 days but less than a year the person will be banned from entering the us for 3 years. Any illegal presence for more than a year a 10 year ban is applied. (illegal presence does not accrue for those under 18)

The person would have to have a family member file a petition for them through the normal channels (I-129f, I-130), they would have to go through the normal processing times, attend an interview at the US Embassy in their country and they would be denied because of their illegal presence. At that time, if eligible, they could file a waiver.

In order to qualify for a waiver, you must be able to prove that your inadmissibility causes “extreme hardship” to the petitioning US Citizen (which can generally be a spouse or fiancee). Extreme hardship is defined in the law as “greater than the normal hardship the qualifying relative can be expected to experience if the Alien is denied admission” In order to show this, evidence must be gathered and letters written to show to USCIS or the Consulate that the US Citizen would suffer undue harm because of the denial of admission

It is possible, but not easy by any means...

[ras wyse 3]

Ok thank you very much

[DoneWaiting 15]

Options to return as long as the person doesn't have immigration records is applying for B1/B2 visas..

If you are found and deported, then the case is totally different and your chances to obtain the above visas are almost null. the above posting provides the ban rules if found and processed by immigration.

If you are in the US illegally, having snuck in and wish to leave and return legally what are the options and also if you are found and deported is there no way you will be allowed back legally?

Edited May 3, 2011 by DoneWaiting

[justashooter 430]

your IP address has been identified and associated with a street address. ICE agents will arrive shortly.

[JimVaPhuong 4,863]

your IP address has been identified and associated with a street address. ICE agents will arrive shortly.

When it turns out to be a local Starbucks, are they gonna arrest the Barrista?

[Dakine10 5,452]

your IP address has been identified and associated with a street address. ICE agents will arrive shortly.

[Brother Hesekiel 2,236]

If you are in the US illegally, having snuck in and wish to leave and return legally what are the options and also if you are found and deported is there no way you will be allowed back legally?

The Jamaican Princess gave you an excellent answer!

Let me clear up something.

Overstay over 180 days will require an I-601 waiver.

Deportation will require an I-212 waiver.

Both bars can be served concurrently, meaning 10+10 years = 10 years, not 20.

Somebody who has been deported will never, ever, be able to get a tourist visa to the US again. That has nothing to do with the bar; it has to do with the consular folks assuming, rightfully so, immigration intent, and that's it.

The only way for somebody like that to return to the US is by petition of an immediate relative for an immigrant visa. In this case they don't have to fear immigrant intent, it's a given.