Application to enter after an order

When an alien chooses to voluntarily depart or has a deportation order the alien should request permission to apply for immigration benefits. The alien can choose to go forward with their case without this request, but it is almost guaranteed that it will be dismissed. The application for the request to apply is fairly straight-forward when it comes to immigration forms.

The form is to make sure the Immigration services know who you are and that you are attempting to enter in a legal manner. The granting of the permission is completely discretionary and you may be denied. Once you have received the permission to apply, you may then apply for immigration benefits of your choosing. For example, you may then apply for a family visa, work visa or other nonimmigrant visas.

Visa Bulletin July 2010

In the family section of the bulletin Visas are being issued to 1st preference individuals who applied during 01 April 2005, 01 April 2005, 01 April 2005, 01 November 1992, 01 September 1995, and 01 April 2005 for the following areas China, Dominican Republic, India, Mexico, Philippines, all other areas respectively. 2nd preferences are categorized as follows: 01 July 2008, 01 June 2007, 01 July 2008, 01 June 2007, 01 July 2008, 01 July 2008 for the following areas; China, Dominican Republic India, Mexico, Philippines, all other areas respectively. 2B preferences are as follows: 01May 2003, 01 May 2003, 01 May 2003, 15 June 1992, 01 March 2000, 01 May 2003 for the following areas; China, Dominican Republic India, Mexico, Philippines, all other areas respectively. 3rd family preferences are as follows: 01 September 2001, 01 September 2001, 01 September 2001, 01 March 1992, 01May 1993 and 01 September 2001 for the following areas; China, Dominican Republic, India, Mexico, Philippines, all other areas respectively. 4th family preferences are as follows 01 January 2001, 01 January 2001, 01 January 2001, 01 March 1995, 01 April 1989, 01 January 2001 for the following areas; China, Dominican Republic, India, Mexico, Philippines, all other areas respectively.

The employment based Visas can be broken down as follows.

1st preference - current for all areas.
2nd preference - current for Mexico, Philippines, Dominican Republic, all other areas. 22 November 2005 and 01 February 2005 for China and India respectively
3rd preference - 15 August 2003, 15 August 2003 , 22 November 2001, unavailable, 15 August 2003 , 15 August 2003, for the following areas; all other areas, China, India, Mexico, Philippines, Dominican Republic.
4th preference - current for all areas
5th preference - current

The Diversity immigrant visa lottery is broken down as follows for November 2009.
Africa 54,100(Except for Egypt[24,500], Ethiopia[25,100], and Nigeria[18,850])
Asia 23,500
Europe 32,000
North America 5
Oceania 1,300
South America and the Caribbean 1,500

Violating a Voluntary Departure

Voluntary Departure is a form of relief in deportation cases. When an alien agrees to voluntary departure they are agreeing to leave the country on their own volition and pay. The government will not pay for your departure unless you are currently in custody. If you are in custody the government may or may not deport you the same day to the nearest location for your country of return. Country of return is generally your home country but you can nominate a different country, but you will need good reasons to show shy you should not be deported to your home country.

By agreeing to voluntary departure the alien is able to avoid a final order of removal. This is preferable because a final order of removal cancels most if not all forms of relief (if in the United States at a later time) and can prevent you from applying to re-enter the United States within 10 years of the departure order. If you choose to stay in the United States after requesting a voluntary departure and your time to depart has expired your voluntary departure order changes into a final order for removal and you are looking at very serious consequences. Furthermore, voluntary departure is not always available as an option. For example, if you have violated prior deportation orders or are convicted of an aggravated felony. voluntary departure is not an option.

Violating a voluntary departure occurs when you do not leave the United States within the alloted time. In order to show that you left the United States in time, you need to visit the consulate or embassy and ask for immigration paperwork that shows you left the United States after an order for voluntary departure. This is the safest option. However, getting to a consulate or embassy may not always be an option. In these cases, keep any documentation showing you left the country (i.e. plane tickets, stamps on your passport, boat tickets, letters addressed to you in your home country, utility bills in your home country, etc.)

Voluntary departure is a useful tool and can help an immigrant get back into the United States faster than a final order for removal, however, violating the voluntary departure can put you in a worse position than before!