Voluntary Departure

[milouise 0]

Hello,

My fiance was in the USA on a 6 month visitor visa on Nov. 1999, however he overstayed and eventually had to attend court for deportation proceedings. At his hearing he chose to be voluntarily deported back to his country. He was ordered to leave by 10/30/2001 and he departed on 10/28/2001. Since he complied with the court order he was told he could return to the USA after 5 years. We are planning to marry this year. How can we find out if the bar is for 5 years or more and if we need a wavier from the consular of his country. Thanking you in advance.

[emt103c 10]

You will need to look at the actual paperwork. If it says in writing that he was granted Voluntary Departure OR that his ban was only five years you will not need a waiver for the deportation, HOWEVER,

You need to look at what he was deported for. Did he overstay? IF so, how long was his overstay? Did he have a criminal conviction?

[emt103c 10]

BTW: the date of illegal presence will depend on the date he was supposed to leave per the I-94 so you need a start date from the date he was supposed to leave to the date he actually left. You will need to know the exact number of days he overstayed.

180-365 = 3 year ban (no need for waiver because he's been gone longer already)

>365 days= 10 year ban, would need the I-601 hardship waiver. . . .for more information check out www.i2us.net