Waiver for voluntery departure

[Frank1 1]

Hello friends,

Does anyone know about voluntary departures waver?

I overstayed in US and have been detained in "Mira Loma" California (immigration custody) I was released by bail and returned back to Canada voluntary in March 2008. I am married now to a US citizen and we filed I-130 and received NOA receipt in December 2008. I have not heard anything from VSC (my wife called ones to information center they said that they didn't touched my file yet)! Does anyone know what the procedures to get approval from USCIS are? Does anyone know how long I have to wait to get any answer from them? In their website say the processing time for I-130 in Vermont is 6 months, is this time for whole processing or just to get approval or denials?

Last question is: When I enter my receipt number to the website search nothing comes up, which according their information after receiving receipt number we have to be able to check the status on line. I appreciate your respond!

Thanks

[emt103c 10]

The waiver won't be for the voluntary departure, it will be for the overstay. How long were you in the U.S. after the judge declared you an overstay? Were you on a visa or just entered as a Canadian Citizen???

[jpaula 20]

Were you not officially deported? If you were detained while out of status I am going to guess that you have a deportation order even if you then left under voluntary departure, no? If so, you will need to file a waiver for this as well as your overstay.

[diadromous mermaid 36]

If he honoured the VD then I don't think a Section 212 waiver for deportation is necessary.

Were you not officially deported? If you were detained while out of status I am going to guess that you have a deportation order even if you then left under voluntary departure, no? If so, you will need to file a waiver for this as well as your overstay.

[Frank1 1]

The waiver won't be for the voluntary departure, it will be for the overstay. How long were you in the U.S. after the judge declared you an overstay? Were you on a visa or just entered as a Canadian Citizen???

Thanks for your respond.

I was there as a Canadian Citizen and I was married to a US Citizen I leaved in California for about more than 4 years. It is long and sad story. My x-wife created lots of problem for me just because she didn't have confident. She always thought if I get my status in US I'll leave her, but I loved her and still I like her, even though she fabricated lots of lies against me, just to make me look bad in front of immigration and government. I learned in me life to forgive! This is maybe my biggest weakness!

I would like to take this opportunity and tell to others some of my experience. Please if you don’t have confident or for any other reason you can not live with your partner, don’t create problems for each other! Just let it go! Animosity doesn’t go anywhere; you just destroy your self and your partner. I read one of the people’s advices to other person in VJ who had problem with her husband and was asking for help because he was “mom boy”, but unfortunately one of the reader was advising her to screw her husband and run away. Look! My wife screwed me up, but you have to see how much she is sorry for her behaviors. After two years she is still crying and looking for me to get me back, but now is late! Time is passing; please try to get something good of it! Always keep in mind this expression: “Goes around, comes around”

[emt103c 10]

All right, now there's a bigger can of worms. How did she make trouble for you? Were you accused of marriage fraud? If so, there are much bigger issues than the overstay.

Please give us an idea as to your new situation and a timeline of what has happened so far.

Edited April 23, 2009 by emt103c

[Frank1 1]

All right, now there's a bigger can of worms. How did she make trouble for you? Were you accused of marriage fraud? If so, there are much bigger issues than the overstay.

Please give us an idea as to your new situation and a timeline of what has happened so far.

Thanks for your respond! You seem to be knowledgeable person!

No, she accused me for lots of other thing, but marriage fraud, which I don’t want go through, fortunately I don’t have any conviction, and therefore I was able to be released by bail.

As I mentioned I am waiting for answer from USCIS, but I don’t know if I have to go through any waver or not? If so what is the procedure for that? How long is going to take to go through all this?

[emt103c 10]

The waiver alone takes more than a year to process when going through Canada. They send their waivers to Vermont. . .

You will have to file an I-601 for the overstay, and if you were arrested (even if you were not convicted) if the charge was a CIMT, you would have to give enough proof to overcome that ineligibility too.

It is a very long and difficult process. Consider checking out www.immigrate2us.net and contacting an experienced attorney to evaluate your case and see if your arrests count as a CIMT.

[Frank1 1]

The waiver alone takes more than a year to process when going through Canada. They send their waivers to Vermont. . .

You will have to file an I-601 for the overstay, and if you were arrested (even if you were not convicted) if the charge was a CIMT, you would have to give enough proof to overcome that ineligibility too.

It is a very long and difficult process. Consider checking out www.immigrate2us.net and contacting an experienced attorney to evaluate your case and see if your arrests count as a CIMT.

Thanks for your input! I appreciate! What CIMT stands for?

[emt103c 10]

Crimes involving moral turpitude. If you google that phrase, the first result is the FAM Guide from the Dept of State that will explain exactly what qualifies.