How can I return to the USA legally after the voluntary departure?
Upvote:1
You do not have an INA 212(a)(9)(A) 5-year ban for having been removed, if you were allowed to withdraw your application for admission and you departed within the time provided, or you were granted Voluntary Departure and departed within the time provided. See form I-212 instructions, page 3, in section "Who May Not Be Required to File For Consent to Reapply?":
If any of the following apply to you, you may not be inadmissible under INA section 212(a)(9)(A) or (C), or both, and would not need to seek consent to reapply for admission to the United States:
2.. You were allowed to withdraw your application for admission at the border, and you departed from the United States within the time specified for your departure;
7.. You received an order of voluntary departure from an immigration judge and left the United States during the time period specified in your voluntary departure order;
Of course, not having a ban does not mean that you will be granted a visa or be granted entry. Officers have wide discretion to deny most types of nonimmigrant visas (including student visas) or to deny entry as nonimmigrants, if there is anything in your history they don't like. Not having a ban just means you don't need a waiver or other special process. (And even if you had a 5-year ban, it would be over after 5 years, so it would not be "forever impossible" for you to get a nonimmigrant visa.)
Upvote:11
Your lawyer has already given you advice.
"a five-year entry bar is still in place, and any nonimmigrant visa to the USA will be forever impossible for me."
No matter what somebody writes here, listen to your lawyer. If you are unclear about what they said, consult them again. If you think they might have made a mistake then consult a different lawyer. But it is virtually certain that you will not be admitted to the US for five years, and probably for a very long time after that. Only very exceptional circumstances, such as the ones your lawyer lists, will change that. Nobody on this site is better qualified than your lawyer who knows the details of your case.
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