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My husband granted voluntary departure before we married However he did not leave & we been married for 8yrs

Baltimore, MD |

JAN 2000 : My husband entered the usa with visitor visa B1/B2.
JUN 2000 : He over stayed his visa.
APR 2003 : After September 11 immigration called for registration for all
illegal people in the USA so he went to the immigration and did
the registration.
JUN 2003 : He received an immigration court hearing letter.
Sept 2003 : His lawyer told him that voluntary departure was the only option
Sept 2003 : He was granted voluntary departure by an immigration judge
However he did not leave
JAN 2004 : My future husband and I met
MAR 2005: We married and have been married for 8 years now,
He is my only family, other than my elderly Mother,
We have no children, I am a us citizen
DEC 2012: He left for family matters to his country (his Mother passed
way and his Father very sick).
Mar 2013 : How can I bring him back home ?
I would greatly appreciate your advice and also opinion

Attorney Answers 4

  1. A good lawyer can probably get this done with a special waiver. Make sure you hire a lawyer who has experience with exactly this type of case. (My firm has, and my son/grandson live in Baltimore.) Good luck.

    Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.

  2. Your first step is to file an Alien Relative Petition. When it is approved it will be sent to the NVC. The NVC will advise you from there.
    Your husband will eventually have an interview at the US Consulate and he will be advised that he needs a wiaver.
    It is suggested that you work with an experienced immigration attorney to assist you.

  3. You can sponsor your husband for a green card,but it will be difficult. He will need one waiver due to his deportation, and another one due to his prior unlawful presence in the US.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  4. Does your husband have a criminal record or has he ever been arrested for a crime? How old was he when he requested voluntary departure? He will definitely need to file one to two waivers if he does not qualify to process a visa here in the U.S. It should be determined if he is 245i. He may need to wait 10 years to adjust in the U.S. if eligible for adjustment. We have successfully filed and/or prepared many deportation waivers successfully. Find a firm in you area that has experience. It is what I call a complex case due to the waiver, but can have a successful outcome if well documented and assuming no criminal history. Good Luck!

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