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Voluntary Departure Possible After Marriage Fraud Allegations

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  • 05-14-2010, 09:53 AM
    j3nlyn
    Voluntary Departure Possible After Marriage Fraud Allegations
    I am a US citizen (born and raised in US). My boyfriend, who I am very much in love with, entered into a fraudulant marriage to obtain his greencard before we met. During the interview his spouse revealed that their marriage was fraud. He has a hearing at the end of this month. We have spoken to lawyers and as we understand it he has two options: 1. prove that the marriage was entered into good faith or 2. voluntary departure. We are thinking of going with #2 but what exactly is the process and the limitations of voluntary departure? How long does he have before he must leave? Does voluntary departure trigger a ban? Also, if he were to leave voluntarily would I be able to bring him back on a fiancee visit and how likely would it be granted given his history of marriage fraud?
  • 05-16-2010, 02:15 PM
    Mr. Knowitall
    Re: Voluntary Departure Possible After Marriage Fraud Allegations
    If he agrees to voluntary departure, he'll agree to a date by which he will leave. Voluntary departure does not trigger a bar, but it does not erase his prior bad conduct or any bar that results therefrom. He can talk to his lawyer about his chances of reentry under the circumstances.
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