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If someone self deported and they don’t have a ban to come…

If someone self deported and...
If someone self deported and they don’t have a ban to come back to the states, can they get a visitor visa?
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Answered in 2 minutes by:
3/17/2018
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,500
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Self deportation is a DEPORTATION! There is no distinction. When someone has a Notice to Appear before an immigration judge and then leaves the country that is the same as though a judge ordered removal.

Your father does not qualify for a visitor visa until he has satisfied the 10 year bar for removal. He removed himself.

The fact the judge continues the case and resets new hearing dates has nothing to do with the fact your father self-deported. If the judge is made aware that your father left he would not continue to reset new hearing dates. When your father left the country there is no way for the US government to know he left unless he report it to the Customs and Border Patrol when he crossed the border.

However, it will be obvious when he goes to the consulate for a visitor visa interview because he couldn't show up there without having left the US. And in doing his background check which includes finger prints it will show in his records that he has an outstanding Notice to Appear that he failed to show up for.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,500
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
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Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,500
29,500 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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