Leaving to go back to home country with DACA? - Page 2

Yes,

10 year ban will apply.

https://www.avvo.com/legal-answers/w...i--903141.html

Some answers from lawyers.

Please don't do something that you are going to regret.

If thinking about leaving make sure to get voluntary departure first!

What does voluntary departure do for you?

Does this help you avoid the 10 year ban?

No, it does not avoid the 10 year bar. Strategically, it is like having good moral character in your A-file if the OP wants to apply for a visa after the 10 year bar. It is not only inside the US that has become difficult, US embassies are becoming more stringent with issuing visas and every advantage helps.

One thing most people forget when leaving the US for good: TAXES.

Make sure you get a SAILING PERMIT from the IRS before leaving the States. You would have to get that 30 days or less before your departure. And you still need to file your tax returns for the year you leave.

This document basically says you are current with your tax obligations and makes sure the IRS knows you are not coming back for a good amount of time, if ever.

Does the 10 year ban also apply to overstay visa holders if they just happen to up and leave the country willingly or is the ban just for EWI?

Ban applies for any illegal stay.

Same for visa overstay.

You accrue "unlawful presence" once you turn 18.
So technically, if you are still under 18 you wouldn't be subject to the ban.

I think if you stay over 6 months you get a 3 year ban and if you stay over a year, it's a 10 year ban.
However, if you got DACA say at the age of 18 (before 18.5 years old), since you don't accrue "unlawful presence" under DACA, as long as DACA doesn't end (and if did, if you didn't stay over the 6 months) you will not be subject to the ban.

This is correct, if you came here and your status is EWI,or visa overstay if you were to self deport or deported the 10 year ban would be triggered. However, using AP as a EWI would make adjusting through marriage a lot easier. So it's suggested you just don't abandon your case if you have plans of coming back here.