Adjusting Status After Illegal reentry!
I got arrested right after crossing the border.
Immigration Judge Granted me Voluntary Departure pursuant section 240B in lieu
of being subject to proceedings under section 240 or prior to the
completion of such proceedings. (I DEPARTURE THE US 24 DAYS BEFORE MY VD DATE)
Total amount of time in the US WAS EXACTLY 62 DAYS. (OBS: My case is administratively closed)
(SO NO BAR WAS GIVEN TO ME BECAUSE I WAS UNDER 18 YEARS OLD AND I WAS HERE ONLY FOR 62 DAYS)
Came back to the US 2 years later (ENTRY WITHOUT INSPECTION AGAIN)
I have been here for 15 years, can i apply for my papers and go to the consular interview
since I m married to an US Citizen?
2 attorney answers
Even if you don't have a bar due to the illegal reentry (which needs to be reviewed), you have a bar from being here 15 years without status. Whether you will be able to obtain a waiver so you can return without spending 10 years outside the US requires a full consultation with an immigration lawyer.
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Different rules apply to VD than to Removal and Illegal re-entry.
Make sure to work with a competent and experienced lawyer from the get go.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.