Voluntary Departure...does it affect the I-130 approval?

[Voided01 7]

Hello people my husband and I got married in may 2011 after he voluntarily left the US after being detained in february....also we sent in the I-130 in July and received the receipt in July as well....sooo the point of all of this is that if any of you guys know if there will be a problem or will it be delayed because of the removal? Thanks

[Done--Really 331]

Does he have a ban ?? If so you will have to file for a waiver, and depending on the ban, it can be somewhere between very easy to obtain the waiver all the way through impossible. If there is a ban, please cite the specifics as to type (there will be a bunch of letters and numbers) as well as the length of it. And most important, did he enter with inspection and overstay--if so, how long--or did he enter without inspection, and if so, how long was he here

In any case, you must disclose the event and what actions were taken by ICE.

[Jojo92122 1,924]

Hello people my husband and I got married in may 2011 after he voluntarily left the US after being detained in february....also we sent in the I-130 in July and received the receipt in July as well....sooo the point of all of this is that if any of you guys know if there will be a problem or will it be delayed because of the removal? Thanks

The voluntary departure does not affect the I-130. The I-130 establish that you, the US citizen, has a familial relationship with the beneficiary that allows him to apply for an immigration visa. You should not have any problems with the I-130 as long as you have a valid marriage certificate and correctly submit everything. After the I-130 is approved, your husband will file form DS-230 to apply for an immigration visa. The DS-230 part is where you may run into problems.

What will affect whether your husband will be allowed back into the US is the reason he was detained and ordered removed. How long was he illegally in the US? Did he commit any crimes while he was here?

His illegal presence in the US could trigger a ban from entering the US. If he has more than 180 days of unlawful presence, he could have a 3 years ban. If he has more than one year of unlawful presence, he could have a 10 years ban. If there is a ban, the DS-230 will be denied. You would have to request a waiver of the ban by showing you would suffer an extreme hardship (beyond merely missing each other) if the waiver is not granted.

Edited August 28, 2011 by Jojo92122

[Voided01 7]

The voluntary departure does not affect the I-130. The I-130 establish that you, the US citizen, has a familial relationship with the beneficiary that allows him to apply for an immigration visa. You should not have any problems with the I-130 as long as you have a valid marriage certificate and correctly submit everything. After the I-130 is approved, your husband will file form DS-230 to apply for an immigration visa. The DS-230 part is where you may run into problems.

What will affect whether your husband will be allowed back into the US is the reason he was detained and ordered removed. How long was he illegally in the US? Did he commit any crimes while he was here?

His illegal presence in the US could trigger a ban from entering the US. If he has more than 180 days of unlawful presence, he could have a 3 years ban. If he has more than one year of unlawful presence, he could have a 10 years ban. If there is a ban, the DS-230 will be denied. You would have to request a waiver of the ban by showing you would suffer an extreme hardship (beyond merely missing each other) if the waiver is not granted.

He was here for 5 years...no criminal record...and he got caught at the airport and was detained for about a month then he voluntarily left to Brasil and has been there for 7 months. And well he came illegally he didn't overstay.

[Voided01 7]

Does he have a ban ?? If so you will have to file for a waiver, and depending on the ban, it can be somewhere between very easy to obtain the waiver all the way through impossible. If there is a ban, please cite the specifics as to type (there will be a bunch of letters and numbers) as well as the length of it. And most important, did he enter with inspection and overstay--if so, how long--or did he enter without inspection, and if so, how long was he here

In any case, you must disclose the event and what actions were taken by ICE.

I don't know if he has a ban they didn't say anything to him when he was released.

[CC90 90]

If he entered without inspection and stayed that long, you're looking at some significant problems. The I-130 will probably go through fine, but you're going to have to submit a hardship waiver when he applies for the visa. He likely has a 10 year bar. Luckily in the waiver scheme of things, unlawful presence isn't a significant aggravating factor if it is the only problem.

Edited August 28, 2011 by CC90

[Done--Really 331]

More than a year of illegal presence after entering without inspection normally carries a ten year ban ASSUMING he did not leave and re-enter at any point--if he did, it is really messy. We need to know if he did receive the ten year ban as well as all the numbers/letters from the immigration folks associated with his case before we can advise next steps.

If a wavier is necessary, you will find more help at www.immigrate2us.net than you will find here.

[Harpa Timsah 13,258]

He will have a ban. He has 5 years of illegal presence.

[Jojo92122 1,924]

He was here for 5 years...no criminal record...and he got caught at the airport and was detained for about a month then he voluntarily left to Brasil and has been there for 7 months. And well he came illegally he didn't overstay.

It doesn't matter if he entered legally or illegally since he is now outside the US.

The I-130 will go fine if everything is normal.

The DS-230 will be denied because of his unlawful presence in the US for five years. The unlawful presence will trigger a 10 years ban from entering the US after he departed.

Once the DS-230 is denied, you can file for a hardship waiver of the ban. To file for the waiver, you must have a denied petition. (So, no skipping the DS-230 step.)

[Voided01 7]

If he entered without inspection and stayed that long, you're looking at some significant problems. The I-130 will probably go through fine, but you're going to have to submit a hardship waiver when he applies for the visa. He likely has a 10 year bar. Luckily in the waiver scheme of things, unlawful presence isn't a significant aggravating factor if it is the only problem.

I hope so..

More than a year of illegal presence after entering without inspection normally carries a ten year ban ASSUMING he did not leave and re-enter at any point--if he did, it is really messy. We need to know if he did receive the ten year ban as well as all the numbers/letters from the immigration folks associated with his case before we can advise next steps.

If a wavier is necessary, you will find more help at www.immigrate2us.net than you will find here.

Thank you I'm gonna read up on that

It doesn't matter if he entered legally or illegally since he is now outside the US.

The I-130 will go fine if everything is normal.

The DS-230 will be denied because of his unlawful presence in the US for five years. The unlawful presence will trigger a 10 years ban from entering the US after he departed.

Once the DS-230 is denied, you can file for a hardship waiver of the ban. To file for the waiver, you must have a denied petition. (So, no skipping the DS-230 step.)

Thanks let's hope things turn out for the better.

[calibob 73]

They'll issue a waiver required at his interview for the 130. The 130 won't be discussed, just the illegal entry issue and they'll take it to AP to mete out the punishment. Best of luck!!

Bob

[Voided01 7]

They'll issue a waiver required at his interview for the 130. The 130 won't be discussed, just the illegal entry issue and they'll take it to AP to mete out the punishment. Best of luck!!

Bob

Thank you I hope it turns out for the best as well

[Jojo92122 1,924]

They'll issue a waiver required at his interview for the 130. The 130 won't be discussed, just the illegal entry issue and they'll take it to AP to mete out the punishment. Best of luck!!

Bob

I think you mean the waiver would be discussed at the interview for the immigration visa (DS-230). I've never heard of an interview for the I-130.

[bigdog 376]

I hope you get this resolved. Best of Luck.

[Voided01 7]

I hope you get this resolved. Best of Luck.

Thank you