Comments on: what are the steps for my husband to come back legally under voluntary departure? http://mexicomortgagecenter.com/282/what-are-the-steps-for-my-husband-to-come-back-legally-under-voluntary-departure/ Information on Mortgages in Mexico Mon, 03 Aug 2009 22:03:04 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Fred S http://mexicomortgagecenter.com/282/what-are-the-steps-for-my-husband-to-come-back-legally-under-voluntary-departure/comment-page-1/#comment-961 Fred S Mon, 22 Jun 2009 10:10:39 +0000 http://mexicomortgagecenter.com/immigration/what-are-the-steps-for-my-husband-to-come-back-legally-under-voluntary-departure/282/#comment-961 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. 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.

]]> By: Yak Rider http://mexicomortgagecenter.com/282/what-are-the-steps-for-my-husband-to-come-back-legally-under-voluntary-departure/comment-page-1/#comment-960 Yak Rider Fri, 19 Jun 2009 00:11:46 +0000 http://mexicomortgagecenter.com/immigration/what-are-the-steps-for-my-husband-to-come-back-legally-under-voluntary-departure/282/#comment-960 If he comes back, illegally, he be subject to prosecution for a federal felony and ineligible for a waiver. If he comes back, illegally, he be subject to prosecution for a federal felony and ineligible for a waiver.

]]> By: Jan http://mexicomortgagecenter.com/282/what-are-the-steps-for-my-husband-to-come-back-legally-under-voluntary-departure/comment-page-1/#comment-959 Jan Wed, 17 Jun 2009 01:31:29 +0000 http://mexicomortgagecenter.com/immigration/what-are-the-steps-for-my-husband-to-come-back-legally-under-voluntary-departure/282/#comment-959 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. 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.

]]> By: Qextor http://mexicomortgagecenter.com/282/what-are-the-steps-for-my-husband-to-come-back-legally-under-voluntary-departure/comment-page-1/#comment-958 Qextor Mon, 15 Jun 2009 00:58:31 +0000 http://mexicomortgagecenter.com/immigration/what-are-the-steps-for-my-husband-to-come-back-legally-under-voluntary-departure/282/#comment-958 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. 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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