Leaving the US under voluntary departure doesn’t erase the consequences of unlawful presence: in the described case, a 10-year entry ban is very likely. Returning earlier is only possible through a waiver, which requires proving exceptional hardship to the US citizen spouse. Key takeaway: extended stays with the husband in Mexico could hurt the waiver application.

What Happened in This Case

The family arrived in the US in 2016 and entered the asylum process. After crossing the border, they were screened and released. In 2017, the main hearing took place in Houston, where they were granted humanitarian parole until 2019. The applicant’s mother went to court every year, and the cases kept being postponed. In 2025, the lawyer failed to appear at the hearing, the court granted a delay, and then the judge denied all motions: for asylum and to vacate the removal orders. The applicant was given 90 days for voluntary departure and left before October 15. At the same time, a green card application had been filed in the case.

Voluntary Departure and the 10-Year Ban

Choosing voluntary departure is better than a removal order, but it does not by itself lift the ban. Based on the information provided, the estimated probability of a 10-year ban is around 95%: due to prolonged unlawful presence and unlawful entry into the country despite humanitarian parole. The ban can only be bypassed through a waiver with proven exceptional hardship to the US citizen, meaning the spouse. The applicant was not informed by the lawyer about this likelihood: the previous attorney handled immigration matters, not deportation, and the chances of return were never discussed.

Status of the I-130 and I-485 Applications

The I-130 was filed in July and remains in receipt status with no changes. Biometrics for the I-485 were scheduled for October 13 but were taken earlier, on September 30. Two hours later, a USCIS notice arrived stating the I-485 application was being processed. However, after the applicant left the US, adjusting status in the country is no longer possible. A request for expedite (Form 45) was filed later, and, in the opinion of those discussing it, it’s unlikely to change anything: USCIS accepts such requests, but in this case the money was wasted.

Consular Processing Procedure and Timelines

If the I-130 is approved, Form I-824 will need to be filed for consular processing through the consulate in Mexico. This step is expected to take roughly six to eight months. Next comes the National Visa Center, followed by an interview in Juarez, where the 10-year ban will most likely be disclosed, requiring a waiver application. According to estimates, I-130 approval could happen in about a year, around September 2026 or 2027, with the waiver itself still about two and a half years away.

A US-Mexico border crossing point, a line of pedestrians at the turnstiles

What to Document for the Waiver

For the waiver, it must be shown that the spouse, a US citizen, cannot live in America without the applicant. Courts understand that a spouse’s deportation or departure creates difficulties, but exceptional hardship is required: health problems, mental health issues, financial hardship, reasons why traveling to Mexico is unsafe. Documents should be gathered in advance. Frequent trips to Mexico may weaken the waiver application. At the same time, financial difficulties after the husband’s departure already make it harder to visit him more often.

Anyone considering leaving the US should get a written answer in advance to these questions: what are the consequences of leaving, how likely is return, what are the chances of returning after two years and after ten years, and what are the chances of never returning.