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A lady didn't leave, instead, got married to a USB citizen

Rockville, MD |

A lady was given voluntary departure by an immigration judge but she didn't leave and instead got married to her boy friend--a US born citizen. Now her husband want to file an I-130 on her behalf. Does she has any chances to benefit from that I-130?

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Attorney answers 4


yes, in ten years and with a lot of legal help and much luck.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.


Only if she can get her Immigration Court case reopened.

(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.


It may also depend on how many years she has been in the country.


LORIC, Immigration Solutions

Rodrigo Ivan Canido
Managing Attorney

3333 Bowers Ave, Suite 130
Santa Clara, CA 95054
Tel: 650-279-5933


Depends on when the VD order was issued and whether or not she would be able to re-open the case in the same court that ordered it (with the same judge). Definitely do not attempt to do this on your own and seek legal assistance.

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