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Entering the U.S. After Voluntary Departure

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  • 03-01-2010, 01:18 AM
    Clos0083
    Entering the U.S. After Voluntary Departure
    I was a green card holder that was charged with Marijuana posession (state felony) in Texas while in college and in army rotc program. As a result i recieved Deferred Adjudication and later was discharged from community supervision early after satisfying their requirements.

    On September 2005 while being detained at the immigration facility i signed the paperwork for my voluntary departure. I have been in my home country ever since.

    My father, mother, and sister are US citizens. My question is what can be done to help me reenter the US legally? I appreciate any feedback on the matter and the proper steps needed for me to be able to visit, if possible. Thanks!!
  • 03-03-2010, 07:02 AM
    Mr. Knowitall
    Re: Entering the U.S. After Voluntary Departure
    What was the exact charge against you? Are any notations (e.g., INA numbers) noted in your passport? Were you told you had a specific period of ineligibility?
  • 03-05-2010, 01:22 AM
    Clos0083
    Re: Entering the U.S. After Voluntary Departure
    I was charged with POSS MARIJ 4OZ-5LBS State Felony and given 5 years probation on deferred adjudication. This conviction in the 5th Circuit falls under aggravated felony.

    At the Houston CCA Immigration facility i signed my voluntary departure. There are NO notations on my passport and I was NOT told that I had a period of ineligibility. My father, mother and sister became naturalized citizens after my departure and still live in TX. Thanks for the fast response and any other information you may provide.
  • 03-05-2010, 03:06 AM
    LawResearcherMissy
    Re: Entering the U.S. After Voluntary Departure
    Quote:

    This conviction in the 5th Circuit falls under aggravated felony.
    According to documents here and here, if you leave voluntarily after an aggravated felony conviction, you are inadmissible for 20 years. If you're deported, you're PermaBanned.

    There is no relief from either, and these hold whether you're specifically told you're inadmissible before you go or not.
  • 03-05-2010, 07:46 PM
    Clos0083
    Re: Entering the U.S. After Voluntary Departure
    What are my chances of reentering by applying for a nonimmigrant visa (B-2) and a nonimmigrant waiver (I-212). Given my conviction is it an option or are the odds slim to none?

    Thank you for for your feedback, it has been very helpful.
  • 03-05-2010, 08:01 PM
    LawResearcherMissy
    Re: Entering the U.S. After Voluntary Departure
    Quote:

    What are my chances of reentering by applying for a nonimmigrant visa (B-2) and a nonimmigrant waiver (I-212).
    Zero.

    As an aggravated felon, you are inadmissible, period.
  • 03-05-2010, 10:26 PM
    Clos0083
    Re: Entering the U.S. After Voluntary Departure
    The immigration lawyer who handled my voluntary departure recently told me my only option to reenter is through a non-immigrant waiver, and based on how long ago my case was and many other factors, that might be possible. He says they are not easy and require a great deal of work, and to obtain the waiver I must qualify for a non-immigrant visa and then apply for a waiver.

    I understand he handled my case but I'm under the impression that being an aggravated felon my chances like you say are ZERO. Just want to be more informed because I want to make sure that the possibilities he speaks of are realistic.

    I appreciate the information you have given me, especially for not sugarcoating things and any future advice on whether going through with my lawyers suggestion is really worthwhile.
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