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Stay with voluntary departure or file motion to re-open and reconsider?

Kenner, LA |

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 ?

Attorney Answers 5


  1. File a motion

    www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.


  2. fight for your husband! I am surprised you guys decided to take VD - if you can't afford an attorney, the Court has a list of pro bono organizations

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  3. 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.

    714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.


  4. If he took voluntary departure, and three months have passed since the hearing, he will not be able to adjust and he must leave the U.S. There is no basis for a stay of the voluntary departure.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  5. 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.

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