Lewisville, TX asked in Immigration Law for Texas

Q: My husband signed a voluntary exit. & 3 months before had poss of marij >2oz . Can he still get a visa or greencard?

He had his visa but it expired. He got into a fight and police took him. Tryed getting bond but ICE took him . He signed his voluntary exit. Now he waiting to go back to mexico. Has not went to court yet for his poss of marij. Has never been in trouble before this & Married to a united states citizen.

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2 Lawyer Answers

Lindsay G Gray

  • Immigration Law Lawyer
  • Austin, TX

A: I would consult with an attorney right away, as soon as possible. He needs to be screened as soon as possible to see if he is eligible for anything, and if so, if there is a way to get his voluntary departure (presumably this is what you mean by "voluntary exit") vacated. If he does not have a conviction for a controlled substance offense and entered on a visa, he could possibly be eligible to adjust his status in the United States.

Kyndra Mulder

  • Immigration Law Lawyer
  • Jacksonville, FL

A: This is very unfortunate. If he leaves the USA he can not come back. Poss is an Aggravated Felony and drug crime making him inadmissible once he leaves. However, he may be eligible for a waiver and able to remain in the USA. I suggest you contact an experienced immigration attorney IMMEDIATELY to determine whether you can stop the removal. When you contact an attorney make sure s/he is licensed and experienced in the area of removal proceedings and criminal offenses.

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