The decision to travel abroad is a very important decision that cannot be made without the assistance of an immigration attorney. As an undocumented alien who is married to a U.S. citizen, or one who is the beneficiary of an approved I-130, I-140 or labor certification with a priority date that is current, or a winner of the current DV Lottery, you cannot just pack your bag to travel abroad to obtain your "green card" through a U.S. Embassy, if you entered the U.S. illegally and stayed for 180days or 1year or if your visa expired over 180days or 1year before your decision to travel abroad.

As I have stated in my previous article on this issue, if you travel abroad after you have stayed in the U.S. illegally for over 180days or 1year, you will be caught by another law referred to as Section 212(a)(9)(B)(i and ii) of the INA.

The content of Section 212(a)(9)(B)(i and ii) of the INA was summarized in the USCIS Press Release dated November 14, 2003. It stated "immigrants who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Those immigrants who have been unlawfully present in the United States for more than 180days, but less than one year are inadmissible for 3years, those who have been unlawfully present for a year or more are inadmissible for 10years. Immigrants who are unlawfully present, depart the United States and subsequently reenter under a grant of Parole may nevertheless be ineligible to adjust their status."

If you travel abroad without the proper guidance of an attorney, you have just deported yourself.

There is a way to circumvent the provisions of Section 212(a)(9)(B)(i and ii) of the INA. It is simple but particularly risky. You could travel abroad to obtain your permanent resident status without being subjected to the penalties of staying in the U.S. illegally.

To achieve this, you will need to engage an attorney who will initiate the process. You will need to present yourself to the agents of Immigration and Customs Enforcement through deferred inspection to be arrested and placed in removal proceedings. Some offices will gladly place you in removal proceedings and release you on personal recognizance; some will allow you to place a bond, usually between $2000 and $5000.

Immediately the case is scheduled before the court, your attorney will apply for voluntary departure. If you voluntarily depart the United States through a court order and comply with the instructions of the order, you will not be subjected to the penalties of overstaying or staying illegally in the United States.

Once you depart the United States, your application for immigrant status will be processed through the National Visa Center and sent to the U.S. Embassy for interview. The process might take some months before you could return to the United States.

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