Asked in Criminal Law and Immigration Law for Florida

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?

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2 Lawyer Answers
Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV

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

Kevin John Mawn
Kevin John Mawn
  • Criminal Law Lawyer
  • Titusville, FL
  • Licensed in Florida

A: Consultation with an immigration lawyer is your best option.

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