Asked almost 5 years ago - Irving, TX

I received a notice to appear in front of an immigration judge and I will depart voluntary, but my petition for an alien relative is approved already because my husband is a permanent resident in USA, my question is will i be able to come back when my turn in the Visa bulletin is available or will I have the 10 years bar thing????

Attorney answers (2)

  1. Isaul Verdin

    Contributor Level 16


    Best Answer
    chosen by asker

    Answered . Have you already taken the Voluntary Departure order from the Immigration Judge? You might be able to extend proceedings while you allow your husband the opportunity to seek naturalization. Does he have the requisite time?

    If you decide to take Voluntary Departure, then you will be subject to the 10 year bar. However, you will be eligible to file a waiver for the unlawful presence under 212a9B of the Immigraiton and Nationality Act.

    I recommend that you consult with an immigration lawyer to figure out a long term strategy for your case.

    Best of luck.

    Verdin Law Firm
    Dallas, TX

  2. Sonali Patnaik

    Contributor Level 10

    Answered . You should have an Immigration Attorney review your possible unlawful presence bars and waiver needs, your I-130 petition, priority date, and visa availability before appearing before the Judge. Voluntary departure might be your best option in proceedings, but it is best to know if you have relief options before your hearing.

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