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  1. #1
    Join Date
    Oct 2007
    Posts
    1

    Default Now Married to a USA citizen

    I came to the United States in 1988 at the age of 6. My parents and I filed paper and were given work permits but then later were told to "voluntary Departure" the United States. We did not leave and now I am 25 and married to a USA citizen and have a 4 month old baby. My husband has file a i-130 and we are in the process of completing everything they are asking for, my question is they are asking if I have ever been deported and for how long. Ins did not send us anything other than the voluntary departure. I am unsure if I have a case. Please help and have a wonderful day.

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

    Default Re: Now Married to a USA citizen

    Voluntary departure is not deportation - it is something that is accepted in lieu of deportation - but you would still have been subject to deportation proceedings. There are consequences for not departing once you have accepted voluntary departure:
    Quote Quoting 8 USC 1229c(d) - Voluntary Departure
    (d) Civil penalty for failure to depart
    (1) In general Subject to paragraph (2), if an alien is permitted to depart voluntarily under this section and voluntarily fails to depart the United States within the time period specified, the alien—
    ((A) shall be subject to a civil penalty of not less than $1,000 and not more than $5,000; and


    (B) shall be ineligible, for a period of 10 years, to receive any further relief under this section and sections 1229b, 1255, 1258, and 1259 of this title.
    (2) Application of VAWA protections The restrictions on relief under paragraph (1) shall not apply to relief under section 1229b or 1255 of this title on the basis of a petition filed by a VAWA self-petitioner, or a petition filed under section 1229b (b)(2) of this title, or under section 1254 (a)(3) of this title (as in effect prior to March 31, 1997), if the extreme cruelty or battery was at least one central reason for the alien’s overstaying the grant of voluntary departure.

    (3) Notice of penalties The order permitting an alien to depart voluntarily shall inform the alien of the penalties under this subsection.
    Your ten year period of ineligibility for further relief may have expired - I'm not clear on the dates involved. Given this history, though, even if the ten years have passed I would personally suggest working with an immigration lawyer.

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