K-1 Visa After Voluntary Departure

[Celestina]

I have a boyfriend who was here from Mexico illegally. He was arrested and offered to leave voluntarily and the judge told him he could come back with a Visa. I am now looking into getting him a K-1 Visa, but the attorney I spoke with said we can not get that, but she gave no reason as to why not. Can anyone tell me if that information is correct? The judge told him he can come back. Does anyone know any other ways I can get him back here on a Visa? The state is Oklahoma

[Mr. Knowitall]

His voluntary departure doesn't prevent his getting a visa, but he may still be subject to a period of ineligibility to reenter due to his unlawful presence. I suspect your lawyer did tell you that.

[Celestina]

Ah, thanks for the insight she actually did not say there was a period of inelegibility because of his illegal presence. That makes much more sense than a simple "just because he can't". Now can you give me some insight about how to find out how long the period is? I am trying to avoid too much cost to investigate so any insight is helpful. I know that the judge told all the inmates different years, but he told my boyfriend that he had zero years and he needed to come back to pay his court fees. Is there a way to get transcripts of that and maybe somehow use the fact that the judge told him to come back and pay as a way to get him back in the US?

[Mr. Knowitall]

Assuming no other basis for ineligiblity than unlawful presence, if he was unlawfully in the United States for more than 180 days but less than one year, his period of ineligibility is three years. For unlawful presence of more than a year, the period of ineligibility is ten years. The period of unlawful presence starts to accumulate after you turn 18, if it matters at all to his case.

He can talk to his immigration lawyer about any possibility of waiver. Nothing you have posted so far would suggest that he qualifies for a waiver.