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Advice: Immigration Visa - Spouse (LPR) based - Previous Voluntary Departure

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Filed: Timeline

Hello Everyone,

I’m looking for real experience-based feedback on my case since I am looking at an interview at the US Embassy in the next couple of weeks.

A brief on my current situation –

• I am currently looking at returning to the US after marriage (my spouse is a Green-card holder/LPR)

• I departed the US, 6 years ago after receiving Voluntary Departure due to Unauthorized Employment and not attending University for a semester.

The history on my stay in the USA and voluntary departure –

1. Moved to the US on an F-1 student visa in Jan of 2001. I was attending university all through my stay except for 1 semester (the one that I was caught in)

2. 2003 end – I was reported to be working off-campus and put out of status by the International Student office.

3. Sept/Oct. 2004 – I dropped out of University for a semester and was planning to head back home to possibly get re-instated and re-enter with a new I-20. It was here when I got arrested by Immigration officers and put through removal proceedings.

4. The process lasted almost another year and I left the US and reported at the local US Embassy in Sept 2005, complying with the ruling of the voluntary departure.

5. The Immigration Judge told me that no ban would be applicable to my case and I could return as long as the Embassy granted me a new visa.

I-130 and Return process –

A. I have been with my spouse for 10+ years (we dated for nearly 7 years before getting married 4 years ago)

B. My I-130 was filed early 2008 in the US by my spouse.

C. My wife was interviewed by the USCIS officer last year and file moved to NVC for further processing. At the interview, the immigration officer clarified as well that no ban is applicable in my case and we need not worry.

D. All necessary original documents (including Voluntary departure documents) were forwarded to NVC upon request.

E. Finally, NVC has moved my file to the local US Embassy and I am awaiting my interview.

Questions –

1. What should I expect at the interview?

2. What kind of questions could be posed?

3. Is there any real threat of being rejected entry? (I returned in Sept 2005 and 6 years have lapsed since)

4. Any bans that may still pop-up?

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