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Bringing Spouse Back To The US After Voluntary Deportation

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  • 05-25-2008, 10:01 AM
    malkassir
    Bringing Spouse Back To The US After Voluntary Deportation
    I am a US born citizen and am trying to bring my husband back to the US. My husband first gained a permanent resident status through a previous marriage. However, the marriage ended in divorce and the "conditional status" of his stay was never removed. We got married and didn't notify the immigration of either our marriage or the divorce. Soon after, he was interviewed and the immigration officer told him that he had the option of reapplying through me and was voluntarily deported.

    My husband didn't want to risk being illegal after almost 7 years of legal permanent residency, so he went back to his country as soon as he found out and I followed him there soon after. Now, we want to reapply for his immigration papers. He's already got a SS number and taxes and college records to show that he has lived in the US for more than 5 years. Also, we have proof of the authenticity of his first marriage and this one (we have a daughter together).

    Can you tell us if we need to start from scratch (I-130 and D-325, etc.) or can we pick up from where he left off back in the US? Also, on the I-130, they ask if he's been under immigration proceedings-- which box should we check? Would you say our chances are decent?
  • 05-26-2008, 10:26 AM
    Mr. Knowitall
    Re: Bringing Spouse Back To The US After Voluntary Deportation
    Do you mean "deportation" or "voluntary departure". There's an enormous difference. Beyond that, his period of ineligibility depends upon the length of his overstay.
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