If I signed a voluntary deportation, can I go back to the US? 10 Answers as of March 09, 2012

The short answer is that you might be able to. Certainly marriage is one of the best options for anyone wanting to immigrate to the United States. Even so, the process is not easy and can take some time. A voluntary departure is not going to preclude you from entering the United States. However, having been in the U.S. unlawfully for more than 6 months will. Luckily, there are waivers for this bar of inadmissibility. Still, you will need to prove that your spouse will suffer extreme hardhsip if forced to live in the U.S. without you or in Mexico with you. You and your wife should really meet with a qualified immigration attorney to discuss all of your options and to make sure you are not subject to any other bars of inadmissibility. Do not come back to the U.S. until you are allowed to do so legally. If you get impatient and cross without inspection, you could find yourself permanently inadmissible to the U.S. I hope that helps, good luck!

Your fiance can file for you but you will need at least one and possibly two waivers. Waivers are based on the hardship of your fiance or spouse.

You need to obtain permission from Immigration before entering with the appropriate visa.

Can I return to the US after voluntary departure? Voluntary departure means that you do not have a removal record and therefore you are not subject to the 5 or 10 year bar after removal. However, there are many other bars that would prohibit you from returning to the US, such as unlawful presence, criminal convictions, alien smuggling, visa fraud/misrepresentation. The time you spent in the US after you were brought in by your parent and before you reached 18 is considered "unlawful presence" which would render you ineligible to return to the US for 3 to 10 years depending on how much "unlawful presence" time you had. Please consult with immigration lawyer for advise.

There is a chance. However, you need to be clear as to whether you obtained voluntary departure vs. deportation. The move here is to marry abroad and your wife can petition you.

If you left the country within the requisite voluntary departure time period, then you are eligible to apply for a visa to re-enter (you probably will need a waiver though).

You need to apply to the US consulate to request advice as to your eligibility based on marriage to a US citizen to immigrate to the USA. And get a copy of your deportation order.

As long as you have legal means of going back to the US. If you didn't sign the voluntary deportation you wouldn't be able to come back in 10 years. So it was a good thing you did.

You can marry and have your spouse petition for you to receive an immigrant visa. You have two issues. The first is the criminal conviction. We would need more information, but it should not make you ineligible for permanent residence. The second issue is your prior unlawful presence in the United States. Assuming you were present illegally (after reaching 18) for more than 6 months, you are subject to a bar. The bar is 3 years if you were unlawfully present for more than 6 months, but less than a year. The bar is 10 years if you were unlawfully present for more than a year. This bar can be waived if you can show extreme hardship to your spouse. Extreme hardship encompasses many factors.

The short answer to your question is maybe. If you were in the U.S. unlawfully for more than 180 days after your 18th birthday, then you received a 3 year bar to returning to the U.S. when you left. If you were here for more than a year unlawfully, then you have a 10 year bar. That means that even if you get married to a U.S. citizen and your spouse petitions for you to come in on an immigrant visa, you will have to apply for a waiver. The waiver would "forgive" your unlawful presence in the U.S. To qualify for the waiver, you'll have to demonstrate that the separation would be a hardship to your U.S. citizen spouse and any other qualifying relatives in the U.S. It would be very helpful to speak with a qualified attorney before you and your future spouse make any decisions.