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. How long you must wait depends on the way you left and where you were ordered removed or given voluntary departure. Also, you must prove that you waited outside of the United States. It’s about location and time.
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 Removal Order at the border: 5 years.
Ordered Removed 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. Sometimes waivers (pardons) are available for inadmissibility and you may not have to wait the required time. Waivers are complicated and the advice of an immigration attorney should be sought.