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  1. #1
    Join Date
    Jul 2010
    Posts
    2

    Default Is Voluntary Departure the Best Option

    married outside of the US while I was a Resident..My husband entered without inspection after marrigage. We filed the I-130 and was approved. Became a Citizen and applied for adjusment of status to permanent resident(I485) and was denied. Now, we have an appointment to go before a judge. If we decide for a voluntary departure, would he be able to re enter? and how long would his absence from the US be? What would be next step?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is Voluntary Departure the Best Option

    Voluntary departure would allow him to avoid a period of exclusion due to deportation, but he could still face a period of exclusion for unlawful presence. If he overstayed for more than a year, that would be a ten year period of exclusion.

    He would have to successfully obtain a waiver to return withing that period of time. You've given us no information with which to assess if he would qualify, and most people don't - he should talk to an immigration lawyer.

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Is Voluntary Departure the Best Option

    We were married in 2005, have no kids, although I have had 2 unsuccessful pregnancies. Since he has been here we have reported income and done the income taxes together, has no criminal record, police record is clean. I want to know if he decides to go ahead on the voluntary departure, will he have to pay fine to the court such as posting bail while he gets ready for his trip back to his country? On the other hand if he decides to fight to stay in the US and get a lawyer to help, will he be able to apply for employment authorization and driver's license while this is in process?
    Thank you very much for all the information that you are giving to all of us. You are a great help to the citizens and non citizens.

  4. #4
    Join Date
    Jul 2010
    Location
    Jacksonvillle, Fl
    Posts
    10

    Default Re: Is Voluntary Departure the Best Option

    Dear bettys03,

    I am wondering what country is your husband from? Also when did he last enter the US? Where did he enter from? Was it just a few years ago or longer than that? Perhaps he is eligible for other forms of immigration relief.

    Also, when did you file the form I-130?

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