Can you apply for an immigration visa if you already signed a voluntary departure? 6 Answers as of July 19, 2011

My boyfriend is 21 years old and was brought from Mexico at 7 months of age. He was raised here and has never been to Mexico,. He recently got detained at a checkpoint. He was detained and signed voluntary departure. He was thrown out to Tijuana, Mexico. Is there any way he can apply for any type of visa? He has never been in trouble with the law and is a high school graduate.

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Kevin Bluitt, Attorney at Law
Kevin Bluitt, Attorney at Law | Kevin Bluitt
Unfortunately he will be subject to a 10 year bar from returning to the US since he had more than a year of unlawful presence. There may be a waiver available but more information is needed.
Answer Applies to: Florida
Replied: 7/19/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
Yes. After voluntary departure you are eligible for any visa that you would otherwise be eligible for.
Answer Applies to: New Jersey
Replied: 7/19/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes but he would need to be sponsored by an immediate relative, like a USC spouse or parent (and child but not for this case). Once the visa is approved, then he would have to file a waiver in order to be forgiven his previous illegal stay in the US. This will not happen overnight. It will take a little time. Does he have someone to sponsor him? Otherwise, he will not be able to apply for anything viable in my view. Good luck!
Answer Applies to: California
Replied: 7/19/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Yes he can but he would also have to apply for a waiver to return.
Answer Applies to: Florida
Replied: 7/19/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
If you had intended to marry him, then you could pursue an immigrant visa for him.
Answer Applies to: Texas
Replied: 7/19/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    If (1) you are a US citizen, (2) you want to get married, (3) he did not attempt to come back illegally, yes. But he will need a waiver for unlawful presence and if he was really deported, another waiver for deportation. In any event consult with a seasoned immigration attorney before you make a decision.
    Answer Applies to: Nevada
    Replied: 7/18/2011
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