For some people, it can be difficult to legally return to the U.S. in the future. The answer depends on your specific situation. But there may be things you can do before leaving to improve your chances of being able to legally return in the future.
If you have a pending asylum application:
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If you have applied for asylum and are now leaving the U.S., you may want to consider withdrawing your asylum application.
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If you leave the U.S. but still have an asylum application pending, and then you do not attend a future interview or hearing in your asylum case, the government could order your deportation. If you are deported, you generally must wait at least 10 years before you can apply to return legally to the U.S.
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If you return to your country of origin without withdrawing your asylum application and explaining why it is now safe for you to return to that country, the U.S. government could also determine that your asylum application was fraudulent. That would make it very difficult to ever return to the U.S.
If you have an open immigration court case:
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If you have a case in immigration court and now plan to leave the U.S, you may want to consider requesting “voluntary departure.”
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If you leave the U.S. while you have an open immigration court case, an immigration judge may order you deported in your absence at your next court hearing. If you are deported, you generally must wait at least 10 years before you can apply to return legally to the U.S.
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If you request “voluntary departure,” and if an immigration judge approves your request, and if you leave the U.S. by the date the judge sets, the same 10-year waiting period does not apply.
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However, even with “voluntary departure,” it may still be difficult to legally return to the U.S. in the future, depending on your situation. For example, it could be difficult to return if you have a criminal conviction, if the government believes that you provided false information on an immigration application, or if you lived in the U.S. as an adult for longer than 6 months without a legal status or pending asylum application. In some cases, it may be possible to get a “waiver” to return, but this can be very difficult and expensive.
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Based on the information ASAP has now, asylum seekers who want to avoid a deportation order would need to take steps themselves, even if they use the CBP Home App. The government has said that if you have an open immigration court case and you use the CBP Home app to leave the U.S., they will file a motion with the immigration court to dismiss your case. However, we have not heard any reports of this actually happening in practice.
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Learn more about voluntary departure. You may want to talk about your options with a lawyer.
If you do NOT have an open immigration court case:
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If you do NOT have a case in immigration court and you want to leave the United States, whether you can legally return in the future depends on your specific circumstances.
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For example, it could be difficult to return if you have a criminal conviction, if the government believes that you provided false information on an immigration application, or if you lived in the U.S. as an adult for longer than 6 months without a legal status or pending asylum application. In some cases, it may be possible to get a “waiver” to return, but this can be very difficult and expensive.
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You may want to discuss your options with a lawyer.
The U.S. government mobile phone app CBP Home may help some people who want to leave the United States to avoid detention or with costs to travel. However, using that app alone will not make it easier to return to the United States in the future.
