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  1. #1
    Join Date
    May 2017
    Posts
    1

    Default Family-Based Immigration After Voluntary Departure

    background: I used to live in the U.S. At age 13 my father and stepmother (whose a us citizen) filed for me. I was there for 6 years legally until my father encountered some immigration problems. Due to the problems my father was facing, I was placed in a removal proceedings until I took a voluntary departure. I never got in trouble with the law and i have a clean record there. I've been back in my home country since 2011.

    Current situation: my brother is a us citizen. With my past immigration background can he file for me? Or will it pose a problem given my history?

    Thank you in advance.

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

    Default Re: Family-Based Immigration After Voluntary Departure

    I can't comment on what happened back in 2010-2011, as I have too little information. It is possible that something in that history could create an immigration problem. On the other hand if the issue is that you lost your derivative status through your father, did not accrue unlawful presence, and accepted voluntary departure with no adverse immigration finding, it should not be a significant issue. even with less than a year of unlawful presence, any period of ineligibility will have expired by now.

    If you have been able to visit the U.S. as a tourist since 2011, then you can be reasonably certain that the USCIS does not regard your immigration history as a significant issue.

    The process for bringing a sibling into the United States is summarized here. The biggest issue is going to be priority -- as you can see from the visa bulletin you will be in for a long wait.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,488

    Default Re: Family-Based Immigration After Voluntary Departure

    I agree with Mr. K. Even if they issued you a bar, a voluntary departure with less than a year of unlawful presence would only be three years.

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