What are the steps for my husband to come back legally under voluntary departure?
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What are the steps for my husband to come back legally under voluntary departure?
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ok well my husband and i have been married for a year now and hes been in mexico since june of last year.. he left under voluntary departure and on time.. in all of his paper work it doesnt say anything but that he was just undocumented.. wasnt driving or working and caught just a complaint of several illegals so they went with a warrant and picked my husband and another guy up.. the only past history he has had is driving with out a US lisence and the cop let him finsh driving home and he had a court date which he attended and paid the fine.. we have no kids together or what so ever and he only left me here with around $4,000 in debt so not a lot.. no previous marriages for either of us.. he crossed here illegally and was here for about 5 years... im 19 and he is 22... i just finished high school and would like to continue with college but i work a full time 12 hour shift in a book manufacturing company so i really have no time.. im depressed but i do not want to see a doctor for this b/c i want to go into the medical feild and do not want anything agianst me that may hurt me from getting a job.. i have went to mexico to see him and im going agian in 8 weeks... at one point i had 2 jobs for about 5 months just to get some of the bills paid up to date b/c when he left it made it hard for me to pay the bills and i had tons of late fees and i was still in high school and only had a part time job with 2 car payments and both cell phones a credit cards.. i have prove showing we were a couple like pictures of us and me with his family, him with mine... i had to sell his car to pay off a loan that i had gotten to bail him out of jail so he could do his voluntary departure.. i think i explained everything pretty well in detail.. but the things his is that he wants to come back and trust me i want him back here its very hard without him.. but since he wasnt charged with anything but being undocumented can he just gat a visa or can we do the I-130(which we did one time but was denied due to lack of us getting other documents in on itme will that hurt it?) or do we need the waivers... he has talked about coming back illegally and if he does can we do the papers over here? my parents are going to loan me the money for the lawyers and all and they said a max. of $10,000 which we have to pay back when he gets back.. what are the possibilites of everything going through ok and him getting to come home and how long will it take and what are the steps that we need to do for him to come back here legally?
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Fred S
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Chances are very strong that he was unlawfully present in the U.S. for more than a year which means that he is subject to a 10-year bar pursuant to section 212(a)(9)(B)(i)(II). The grant of voluntary departure means that he was not deported, which is a good thing. That would have resulted in a 10-year bar as well.
At the moment, it appears that he only needs a waiver of (9)(B)(i)(II). That's a good thing too.
You can file form I-130 for him. You can indicate on the I-130 that he will apply for the immigrant visa in Juarez, MX. When he applies for the visa, he will be informed that the 10-year bar applies to him, and he will be advised to apply for a waiver. If that waiver is granted, he can receive the immigrant visa based upon your petition (I-130). It will not be a quick process, but those are the basic steps for him to come back to the U.S. |
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Yak Rider
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If he comes back, illegally, he be subject to prosecution for a federal felony and ineligible for a waiver. |
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Qextor
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I would suggest finding a reputable immigration lawyer - I think he does have a good chance of getting a permanent residence visa, with proper guidance. I wouldn't do this on your own. |
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Jan
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You have to find a good immigration lawyer. It might cost more than the $10,000. I can't answer how it works with a voluntary departure so a lawyer would be your best option. He will have to file a waiver of hardship for your husband to return.
Do not let him come back illegally. If he does,when you start the paperwork they will find out he came back without permission. In that case he would be ineligible for a green card forever and will be barred from returning. He would also face jail time. Returning illegally the second time is a felony.
You are probably looking at quite a bit of time to get all this done. |
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