Which one is better ? Marry my girlfriend abroad (she is an American citizen)because my voluntary departure date expires on January 4th,or marry her here in the U S before January 4 th and try to reopen the case ?Thanks.
Get married before you leave, than timely depart on your VD showing good faith for future immigration benefits and then have your wife file an I-130, once approved and cleared by NVC than apply for I-1601 waiver for extreme hardship waiver and I-212 permission to re-enter after having been deported. Getting the court to reopen your case is virtually impossible and departing on your VD and then attempting to come back with the briefly described options is the better route. You will need competent immigration counsel to help you with these complex steps. Trying to do this on your own and the cheap is like trying to perform open heart surgery on your own. Good luck.
I agree, but the Immigration Court may deny the motion to re-open thereby converting the voluntary departure into a final deportation order. There may be other concerns, such as the ten year unlawful presence bar. However, a beneficiary who draws a deportation order may find it more difficult to seek a waiver of inadmissibility.
I strongly recommend an appointment with a competent and experienced immigration attorney, who can reasonably take the time to carefully discuss the risks of both strategies. This is better than hiring an attorney who will simply file the motion and risk the entry of a deportation order.
Get free answers from experienced attorneys.
26,744 answers this week
2,856 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary