Can I return to the US after voluntary departure?

Q: I got arrested for a DUI but had an driver’s license which I acquired legally but I am not legal in the US. I entered the country when I was 9, my parents brought me. After I got arrested I was sent to an ICE detention center and was asked to sign a Voluntary Deportation and was told it was my only option now. I’m here in Mexico. Can I still go back legally? If so, will marriage be a good option? I am engaged. Can I qualify to get a Visa here in Mexico?
A:Voluntary departure means that you do not have a removal record and therefore you are not subject to the 5 or 10 year bar after removal.  However, there are many other bars that would prohibit you from returning to the US, such as unlawful presence, criminal convictions, alien smuggling, visa fraud/misrepresentation.  The time you spent in the US after you were brought in by your parent and before you reached 18 is considered “unlawful presence” which would render you ineligible to return to the US for 3 to 10 years depending on how much “unlawful presence” time you had.  Please consult with immigration lawyer for advise.

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