Q: Immigration question
Hello,
My uncle has an I-130 approved based on his USC sister. It was approved in 1998. However he also has a Voluntary Departure dated December 27, 2001. He did not leave the country. Is there anything that can be done for him? Does he have to leave the country? Can he just apply for adjustment of status based on the approved I-130?
A: The failure to leave on Voluntary Departure probably converted to a Removal order (deportation order). Talk to an attorney before filing any application for adjustment of status. If there is a removal order, U.S. Citizenship & Immigration Services will not be able to approve the case and he will be alerting the authorities that he remained in the U.S.
A: He will need to leave the USA to adjust status and he will also need a waiver.
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