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  1. #1
    Join Date
    Jun 2009
    Posts
    3

    Default 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.

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

    Default 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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