Applying for spouse after Voluntary Departure?????????????

Asked over 3 years ago - Arlington, TX

my cousin is a USC, she married a guy who entered on 2002 with no documents, he never left until he was stoped by police because speding warning, he went to court and he signed Voluntary Departure, he left and then she went to Mexico and married him ( we live in the USA together 6 years. If he is leavin in Mexico since Voluntary Departure ( 2 year ago. She was told that she could apply for him ( Consular Proces and filed a waiver for him, it;s that right?

Attorney answers (4)

  1. Isaul Verdin

    Contributor Level 16
    Best Answer
    chosen by asker

    Answered . Yes. She could petition for him, and he could process his immigrant visa with a an I-601 waiver for his unlawful presence in the United States.

    Consider consulting with an experienced immigration lawyer given that waivers are tough to get approved if not properly prepared.

    Best of luck.

    Verdin Law Firm, LLC
    Dallas, TX

  2. Thomas Esparza Jr.


    Contributor Level 19

    Answered . totally correct. file the visa petition, complete the pacquets from the National Visa Center and send him the paperwork for the appointment. in Arlington, i recommend

    Richard Fernandez
    3010 LBJ Freeway # 735
    Dallas, TX 75234
    Ph: (972) 247-7212

    good luck

  3. Elizabeth Rose Blandon


    Contributor Level 16

    Answered . Yes, a US citizen can file an application for her spouse. That application will be handled through the consular process in Mexico. Also, a waiver will be necessary to allow the spouse to enter the United States. None of these procedures are easy or quick. I strongly suggest that you consult with an immigration attorney who will explain the process, obtain necessary evidence from your cousin, and prepare the best possible package.

    This attorney is Board Certified and speaks Spanish and French. For more information, click through to the Blandon Law web site.

    Elizabeth R. Blandon

  4. J Charles Ferrari

    Contributor Level 20

    Answered . That would be correct. She should get an immigration attorney as waivers are complicated and tough to get.

    The statement above is general in nature, as not all the facts are known. You should retain an attorney to review... more

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