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Voluntary Departure and Marriage to a Permanent Resident

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  • 06-08-2009, 10:55 PM
    rjejimenez
    Voluntary Departure and Marriage to a Permanent Resident
    My family was a victim of immigration fraud by a notary and was given voluntary departure. I was about to marry my permanent resident fiancé and filed for an appeal after marrying him, but was denied. An attorney advised for me to leave the country and wait until my husband could become a citizen. After two years, he applied for citizenship and was denied since he spent the nights in Mexico with me (he works in the US). The immigration officer told him he could visit me everyday but not spend the nights in Mexico and to re-apply for citizenship after 2 years. Is this true? Another immigration officer told him I could apply for a visa and visit him. Can I really get a visa even if I am married to a permanent resident and after my voluntary departure? I don’t know whom to believe anymore.
  • 06-09-2009, 10:57 PM
    Mr. Knowitall
    Re: Voluntary Departure and Marriage to a Permanent Resident
    We don't have the information necessary to second-guess the immigration officer's determination. Presumably your husband was notified of his appellate rights. He would likely benefit from consulting an immigration lawyer.

    We have no way of knowing if you qualify for a visa, or if you are subject to ineligibility due to the period of time you spent in the United States without lawful status.
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