Can I marry after Voluntary Departure?

Atlanta, GA Viewed 86 times. Posted 2 months ago in Immigration

I have been dating my girlfriend for the past 2 years. I am a US citizen and she is not. She came to the US legally when she was 8. Her family never filed the correct documents/forms and they reently had to go to court. They had the oppurtunity to accept voluntary departure. They did not know what they were signing and the lawyer said just sign it. Well, they had to leave the US and recieved a 10year bar. But instead of leaving, her family just changed states. We've been maintaining a long distance relationship and I visit her, but I was wondering if marriage is still possible. She does have a social security card, just not an id. Is their some type of waiver or anything that we can do for her to get married and change her status.

Additional information
So lets say the Dream Act were to be passed, would she be eligible for that?
And they thing is at the time she got the voluntary departure, she was 17. Is that not considered being a minor? Can it not be argued that she didn't sign it based on her desicion? Is there any grounds on which we both can stand on to fight for her. About her family, I don't know what is going to happen. But as for her alone, can I not do something. A lawyer told me that not leaving the US will bar her for 10 years. Is there nothing I can do to prevent that? Even if there is a slim chance I am willing to try it. Please help me put some light onto this.

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Answers (1)

Charles H Kuck

This attorney is licensed in Georgia and 2 other states. Posted 2 months ago.

I would love to speak to you about this situation. I am also in Atlanta, can you give me a call?

The family's failure to depart gives them a deportation order. The DREAM act also would not help her because she has a deportation order. There may be an option for a Motion to Reopen, but this will depend on the factual scenario of their proceedings.

Best regards,
Charles

Charles H. Kuck
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