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Leaving the U.S.: Risks and Considerations for Immigrants

For immigrants in the United States, especially those without legal status, the decision to leave the country can have profound and lasting consequences. Understanding the potential risks and legal implications is crucial before making such a decision.​

The 3- and 10-Year Bars

Under U.S. immigration law, individuals who have accrued unlawful presence in the U.S. may face reentry bars if they depart:​

• 3-Year Bar: Applies to those who were unlawfully present for more than 180 days but less than one year and then leave the U.S.​
• 10-Year Bar: Applies to those who were unlawfully present for one year or more and then depart.​
  
  

These bars prevent reentry into the U.S. for the specified period unless a waiver is granted.​

Waivers and Exceptions

Certain waivers, like the I-601 or I-601A, may be available to overcome these bars, but they require demonstrating extreme hardship to a qualifying U.S. citizen or lawful permanent resident family member. Obtaining such waivers is complex and not guaranteed.

Risks of Voluntary Departure

Choosing to leave the U.S. voluntarily does not necessarily eliminate immigration consequences. In some cases, departure can trigger reentry bars or complicate future immigration benefits. It’s essential to consult with an immigration attorney before making such a decision.​

Importance of Legal Counsel

Before deciding to leave the U.S., individuals should seek legal advice to understand the full scope of potential consequences and explore all available options. An experienced immigration attorney can provide guidance tailored to individual circumstances.