Some recent public statements have spread confusion about whether individuals who are undocumented or have overstayed their visas in the United States can simply “leave” the country and return legally at a later time. At NPZ Law Group, we want to clarify the very real risks of this approach—and explain why leaving the U.S. without proper legal guidance can make matters much worse.
What Happens When You Leave After Overstaying?
U.S. immigration law includes strict penalties for individuals who remain in the country without lawful status for extended periods of time. These penalties include automatic bars to reentry, depending on how long someone remained unlawfully present.
3-Year Bar
If you stayed unlawfully in the U.S. for more than 180 days but less than one year, and then depart—even voluntarily—you will be barred from returning for 3 years unless a waiver is granted.
10-Year Bar
If you were unlawfully present for one year or more and then left the U.S., you face a 10-year bar from reentry.
Permanent Bar
If you entered the U.S. without inspection (commonly referred to as “EWI”) and later reentered or attempted reentry unlawfully after being unlawfully present for more than one year, you may face a permanent bar—with no ability to return at all unless you qualify for a very narrow legal waiver.
Why “Self-Deporting” Doesn’t Erase Immigration Violations
There’s a common—and dangerous—misconception that leaving the U.S. on your own fixes your status or makes it easier to return legally in the future. In reality, doing so without first resolving your status can result in:
- A lengthy or lifetime ban from returning
- Ineligibility for visas, green cards, or even waivers in many cases
- Loss of any pending immigration benefits, such as adjustment of status or asylum
Simply put, “getting on a plane and going home” without legal strategy can permanently shut the door to legal reentry.
Are There Any Exceptions?
There are very limited exceptions for some individuals—such as immediate relatives of U.S. citizens—who may qualify for hardship waivers under certain conditions. However, these cases are complex and highly scrutinized. Before leaving the U.S. under the assumption that a future return is possible, consult with qualified immigration counsel.
What Should You Do If You’re Out of Status?
If you’re undocumented or have overstayed your visa, speak with an immigration attorney before making any travel decisions. Depending on your situation, you may be eligible for options such as:
- Adjustment of status through a qualifying family relationship
- Waivers for unlawful presence
- Cancellation of removal in immigration court
- Humanitarian relief (e.g., asylum, U visas, or VAWA)
Each case is different, and the risks of departure vary widely depending on your history.
Final Thoughts
Well-meaning but inaccurate statements from public officials can lead people to make life-altering mistakes with their immigration status. The idea that you can leave the U.S. and “fix things later” is not only false—it’s potentially devastating.
At NPZ Law Group, we are committed to helping individuals and families understand the law and protect their futures. If you or someone you know is considering leaving the U.S. while out of status, contact our team before making any moves. The consequences of leaving without legal advice can be permanent.
Schedule a consultation today to explore your options and avoid unnecessary bars to reentry.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.