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  1. #1

    Default Deportation, Voluntary Departure And Re-Entry

    My husband is going through the removal process. He has had his master hearing and is due to go for another hearing on the 22nd. We have been given conflicting advice. He was first told that he had a very good chance for fighting his deportation. After, he was told he would not qualify for any of the help available to him. His best option would be to request a voluntary departure.

    My question is this...if he requests a voluntary departure, is there a ban on re-entry for a certain amount of time?

    We were told that if we request the voluntary departure we could start the petition for him immediately (by an attorney) and should only be apart for one and a half to two years.

    We have 2 US Citizen children, one of which suffers from severe asthma after having RSV as a newborn and to this day is hospitalized at least once every 4 months, and I myself am a natural born citizen that has degenerative disk disease. My husband is a citizen of Mexico. I am not sure how much detail you need to answer but I have done so much research I could almost quote certain things in legal documents. I'm just not sure about the advice we have received.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Deportation, Voluntary Departure And Re-Entry

    Why is he being deported?

  3. #3

    Default Re: Deportation, Voluntary Departure And Re-Entry

    He was arrested for OWI in May 2007. He went to court and found out that he had a warrant for a previous OWI back in 2000. He is Chatino and didn't speak spanish nor English well at the time to understand that paying the total in full did not equate to not having to go back to court. He was sentenced to 7 days in jail which he served. On his 7th day they told him INS or ICE put a hold on him.

    I went to Omaha and paid the money for him to be released on cash bond. He has met every requirement they have put on him, such as attending AA meetings, taking classes, and showing up for court. He is also on probation which he is also complying with.

    He does not meet the 10 year residency rule seeing as how he was put into removal proceedings at 9 years and 8 months. His 10 year mark would be in March.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Deportation, Voluntary Departure And Re-Entry

    Is the deportation because his subsequent offense triggered an enhanced penalty?

    Voluntary departure won't prevent his applying to reenter - if you leave on time after accepting voluntary departure, it doesn't create a period of ineligibility. But if his criminal record triggers deportation, it will also interfere with his being able to get permission to reenter.

  5. #5

    Default Re: Deportation, Voluntary Departure And Re-Entry

    He was convicted of OWI in the first even though it was his 2nd offense. They basically dropped the first charge since so much time had passed in between and charged him with a first again. That is the only criminal charge he has on him. The only other thing would be his illegal status here.

    We were hoping to get him re-papered but seeing as how there is a 7 month difference in meeting the 10 year requirement we were told the judge probably wouldn't go for that let alone the prosecutor.

    We were told it would be easier for him to request a voluntary departure, request a pardon for the criminal acts and to petition that way.

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