my husband had a immigrant . court master hearing on DEC . 12 . 2012 and his depart date is April 11 . 2013 . . we have 4 kids , im unemployed and no money to be stable for the next 2 months . what im asking is should we just stay with the voluntary departure or fight this with the motions . ? we have everything filed for his visa . the only part we are stuck on is the sponsor AOS . affidavit of support for joint sponsor none wants to help us . until I can find someone that can help us we are stuck . and he has only got arrested for dui other than that he is clean no criminal history . what are the chances we will win and he don't have to go back to Mexico or should we just stay with the voluntary departure and wait to find joint sponsor ?
I practice in New Orleans and I think you have very little chance to reopen you case if you took a voluntary departure since are outside the 90 days that you are allowed to file the Motion to Reopen. Especially considering the Court granted your husband the maximum 120 days allowed to leave the country. Your best chance is to file the Stay which will give you time to set up your appointment at the consulate and prepare your I-601 waiver.
Generally, you only have 90 days to file a motion to reopen. If you have legal grounds to ask for reopening, it must be done immediately. Your husband appears to be eligible to file for stateside processing of his unlawful presence waiver if his removal case is reopened. Consult with an experienced immigration attorney as soon as possible.
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