Immigration Query!!!

Few questions...sort have the answers but would like to have a 100% confirmation on the matter.

-If i decide to leave USA at this point I will face the 10 year ban!?

-Is it possible to get a visitors visa to Canada or Mexico with the current TPS/DACA status!?
I am guessing the answer is no. Since Daca does not define a legal status.


My aim is to eventually leave USA and try to avoid the 10 year ban. The ban is at the discretion of the immigration officer at customs. I have had an uncle leave the country and the officer overlooked the ban since he was leaving to his country of origin.

any input would be appreciated. I am hopeful that an immigration resolution will be provided towards the end of this year, but planning my exit strategy as well.

-If you have been living in the US for a year or more and you leave the country, it automatically triggers the 10 year ban.

-If you have been here for more than 180 days, less than a year, and you leave the country, it's a 3 year ban.

-Depending from your country of origin you might not need a visa to enter Mexico or Canada. I would suggest you visit visahq.com for more detail info.

If you leave the country on your own it's called a VOLUNTARY DEPARTURE.

This makes easier to get your Green Card in the future in the Embassy if you were to get married with a US Citizen.

Make an appointment with an immigration attorney. He will explain it a little better!

Leaving voluntarily does not make it easier to get a green card, if that were the case, everyone would be leaving by now.

Even if you leave voluntarily it will still trigger the ban. You will have to apply for a waiver, during the process you must show that your U.S. citizen or permanent residence spouse or parent would suffer extreme hardship if you are not granted the waiver.

from Mozambique. The issue is holding a TPS, Canada or Mexico might question my legal status in USA if i request a tourist visa. My aim is to drive to Canada and from there fly to my country of origin Mozambique. Trying to avoid the ban.

-Citizens of South Africa need a tourist Visa and a business Visa to visit or work in Mexico.

-Citizens of South Africa need a tourist visa ETA to visit Canada as well as a business Visa to work in Canada.

Since you are a citizen of South Africa and not part of NAFTA, you must have to be a legal US resident to apply for an ETA. If you are a not a legal resident you must go to a Canadian embassy in person to apply.

Just remember, an ETA Canadian Visa does NOT give you access to residency there. You are just a visitor and it covers your stay for 180 days. If you go pass that you will be breaking their laws.

I would still talk to an immigration lawyer to give you a peace of mind.

thanks for the prompt reply. If it is viable then I will be travelling by car. enter Canada and fly to my country of origin. Meanwhile I do have an express entry that is pending an invitation from the Canadian immigration. thank you again.

I hope you get it! I highly recommend you visit the Visahq.com if you have any questions for visa requirements.

I applied for my Canadian ETA Visa and it was a simple process. However every experience varies depending on the country of origin. Good luck!!

Just want to add in something that plays into triggering the 3 & 10 Yr bars from re-entry. I know this doesn't apply to all DACA recipients but it does to a little less than half of us.

The 3 and 10 yr bars are not based on only how long you've resided in the US, its specifically is based on how many days of total unlawful presence you've accumulated. You need minimum 180 days of unlawful presence to trigger the 3 yr bar upon departure, and minimum 365 days of unlawful presence to trigger the 10 yr bar upon departure. The reason I mention this is because some of us, DACA recipients, have not accrued a single day of unlawful presence, although we've lived here for 15+ years. Two reasons why that happens:
1. Minors DO NOT accrue unlawful presence, a minor begin to accrue unlawful presence the day after his or her 18th birthday.
2. DACA recipients DO NOT accrue unlawful presence during the period deferred action is in effect. An individual who has received deferred action will begin to accrue unlawful presence the day after the period of deferred action ends.

hmmm... are you sure about #2? I'm interested on knowing more about this. Where did you find this information?