my fiance is currently going thru a divorce. he was given voluntary departure and left the country. i can not apply for a I-130 untill he is completely divorced, but it is not safe in mexico for him. he can not even step a foot out his door. he fears for his life. Can i bring him back sooner even thou he is not completly divorced?
If he is experiencing persecution on a protected ground (race, political opinion, religion, etc.) then he could ask for asylum at the border. He would be held in jail until a decision is made on his case. Otherwise, unless there is another relative in the US that can sponsor him, there is not much else that can be done.
Myron R. Morales, Attorney
3 lawyers agree
Iagree with my colleagues. Furthermore, just because your boyfriend got voluntary departure does NOT mean he is not subject to the unlawful presence bar.
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