If my BF is granted voluntary departure, I plan on going to his birth country, Guatemala, and getting married. How long til he will be able to come back into the states, and what paper work will need to be filled out?
Is he doing this without the help of an attorney? Are you planning to go there to live for a while? Hopefully you will get guidance as you work through all of this. The internet cannot give you quick and easy answers.
Andrew Bartlett. Community Immigration Lawyer, San Rafael CA.. Please note that answers to questions are for general informational purposes only. They are not legal advice and do not establish an attorney-client relationship. If an answer is not clear, I will do my best to explain further.
If and when the immigration judge grants him voluntary departure instead of having him ordered deported, it will be years before he can hope to apply for any type of US visa, and completely unrealistic to think he'll ever be granted one, with his prior immigration history. Best to immediately consult with a qualified immigration lawyer, if he doesn't already have one represent him in court, and see what type, if any, immigration relief might still be available to him. Marriage to a USC might be one.
Kindly be advised that the answer above is only general in nature 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.
The answer to your question depends on what inadmissibility grounds he is subject to. It may be anywhere from within a year to never, depending on his immigration/criminal history. You need to bring a copy of his immigration file to an experienced immigration attorney.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline