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Can I re-enter the US as a tourist for up to 90 days since my country is on the list of the VISA waiver program?
Anonymous6 views3 answers
I am from Italy, which is a country under the VISA waiver program. I'm currently in initial removal proceedings. If I am granted voluntary departure by the judge, can I re-enter the US as a tourist after since my country is on the list of the VISA waiver program? To my understanding, I wouldn't even need to go to a US consulate in Italy to travel to the US, as I would just need my passport. Under the VISA waiver program you can get up to 90 daysI know that the voluntary departure relief will remove the bars of inadmissibility (3-10 yrs), but will I be able to re-enter the country, say a month later, as a tourist without any VISA through the US consulate in Italy? Or are there any other types of limitations applied towards an alien who was previously granted Voluntary Departure?
No. Not only will you have a bar against you, but also, if you didn't, you will not be able to take advantage of the VWP because you previously violated its terms. You will have to file for a waiver before you can reenter.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Sorry, the answer to your question is NO. Your information is outdated. Even though under the VW program you can come in into the U.S. without a visa and/or first presenting yourself to the U.S. consulate, you will still need to obtain "clearance" to fly to the U.S. under ESTA and present it at the airport in Italy.
Based on your prior immigration history, you will be denied the ESTA. Consequently, you will not be allowed to board a plane to the U..S and will most likely lose the money you paid for your airfare
