Legal Question in Immigration Law in California

How many days to depart US?

My I130 was denied, and as a result, my 485 was denied. The letter stated ''if you fail to depart from the US, proceedings will be instituted to enforce your departure.'' How many days do I have to depart and how does USCIS know that I have left the country? If I leave, am I subject to a ban, because my original status was F-1 with D/S.


Asked on 3/11/09, 11:45 pm

3 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Re: How many days to depart US?

USCIS does not really know that you will not leave. Most of the time, they don't show up to your house unless you have a criminal record. But, assuming you're clean, after a period of time, USCIS will send you a Notice to Appear to begin removal proceedings in Immigration Court against you (that's what they mean by "proceedings to be instituted to enforce your departure.") You could choose not to show up in court but a removal (deportation) order will be entered in your absence. If that happens and you still remain in the U.S., you would live in the U.S. under the shadows like so many people, especially here in California, but do you really want to do that?

As far as a "ban", it's unclear what you're referring to, but if you were already out-of-status before filing the I-485, then that will be held against you next time you try to apply for a visa in your country. And yes, a removal order entered against someone will result in them being denied admission into the U.S. for 10 years.

Larry L. Doan, Esq.

(Straight-talk on Immigration Law at www.GuruImmigration.com)

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 3/12/09, 12:47 am
Joseph La Costa Joseph La Costa, Attorney at Law

Re: How many days to depart US?

You must report when you exit, but have you exhausted all your remedies to stay?

Your matter is complex and you should get an attorney. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation

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Answered on 3/16/09, 5:29 pm
David Nachman Nachman & Associates, P.C.

Re: How many days to depart US?

You mean "bar" and not "ban" we think. From the date of the determination (denial) you begin to accrue unlawful presence notwithstanding that you are in a D/S status.

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Answered on 3/12/09, 7:06 am


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