Should my boyfriend request voluntary departure? And will he be able to come to the U.S. again if we get married abroad?

Asked over 2 years ago - Los Angeles, CA

My boyfriend came to the U.S. with me in Aug '10 with a 6 month B1/B2 visa that expired in Feb '11, and filed for asylum in Nov '10. He was referred to immigration court and his Master Hearing is next week.

He's become so stressed and frustrated with his case that he's decided to give up. His family is finally relocating and he wants us to go with them. We're planning on getting married and staying with his family for a few years. They're very traditional so we cannot get married without his parents meeting me and their blessings.

Can he ask for voluntary departure at his Master Hearing? If so, will he be able to stay in the U.S. until December (that's when his family will move)? Can I file the I-130 and I-485 from abroad? Will he be able to enter the U.S. again?

Thanks in advance!

Additional information

We've had around 10 consultations and countless phone calls with lawyers from the "Free Legal Service Providers" list given to us, but none of those lawyers actually handle cases for free. They're all charging $2K-$6K, which we don't have.

Attorney answers (3)

  1. Rebecca T White

    Contributor Level 15


    Best Answer
    chosen by asker

    Answered . Voluntary departure is certainly an option, but you will want to talk with over with the attorney representing him with the asylum case. It is not a decision to be made out of frustration. Even if the two of you plan to leave the US for a few years, it would likely mean he would not be able to return with you when you returned to visit family. If a grant of asylum seems likely, or his parents could meet you and you could terminate the proceedings and he could adjust through marriage, these would all be options that would give you both many more options during the years to come.

  2. Robert Edward Myers

    Contributor Level 14

    Answered . If he asks for voluntary departure early he can request up to 120 days. You should meet with an immigration attorney though because there might be other options. Even some options to plan for voluntary departure so that he can leave in december.

    To answer some of your questions directly, you would not file a I-485 abroad, there are other forms to file.

    This answer does not constitute legal advice, and should not be relied on as each situation is fact specific, and... more
  3. Robert West

    Contributor Level 20

    Answered . Lots of questions but impossible to tell. If you want good legal help you must pay for it. Your b/f can request whatever he wants and the Judge may say yes and may say no, its completely a discretionary situation. Filing papers without proper help is a complete waste of money.

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