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Applying for spouse after Voluntary Departure?????????????

Arlington, TX |

my cousin is a USC, she married a guy who entered on 2002 with no documents, he never left until he was stoped by police because speding warning, he went to court and he signed Voluntary Departure, he left and then she went to Mexico and married him ( we live in the USA together 6 years. If he is leavin in Mexico since Voluntary Departure ( 2 year ago. She was told that she could apply for him ( Consular Proces and filed a waiver for him, it;s that right?

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Attorney answers 4

Best Answer

Yes. She could petition for him, and he could process his immigrant visa with a an I-601 waiver for his unlawful presence in the United States.

Consider consulting with an experienced immigration lawyer given that waivers are tough to get approved if not properly prepared.

Best of luck.

Verdin Law Firm, LLC
Dallas, TX


That would be correct. She should get an immigration attorney as waivers are complicated and tough to get.

The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


totally correct. file the visa petition, complete the pacquets from the National Visa Center and send him the paperwork for the appointment. in Arlington, i recommend

Richard Fernandez
3010 LBJ Freeway # 735
Dallas, TX 75234
Ph: (972) 247-7212

good luck


Yes, a US citizen can file an application for her spouse. That application will be handled through the consular process in Mexico. Also, a waiver will be necessary to allow the spouse to enter the United States. None of these procedures are easy or quick. I strongly suggest that you consult with an immigration attorney who will explain the process, obtain necessary evidence from your cousin, and prepare the best possible package.

This attorney is Board Certified and speaks Spanish and French. For more information, click through to the Blandon Law web site.

Elizabeth R. Blandon