Q: Entering USA after Voluntary Departure and a record? Marry to a US Citizen.
My husband was accused by his former wife of heat her in 2011. That case was dismissed but because he overstayed his visa, ICE took him to a Immigration Facility. He had a trial and the Immigration judge grant him a Voluntary Departure. We are living in his home Country since then (7 years already). Now that we are married and im a US Citizen (Born and Raised) What are his chances if any to go back to the states? Does he have to wait more time before apply for a visa or can apply for a waiver? Does his record affect him in order to go back to USA?
A: He was granted voluntary departure, so he wasn’t deported; that’s good. He probably will need a waiver to overcome the unlawful presence issue, but there is nothing that you mentioned that would suggest he couldn’t eventually come back to the US.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
