Voluntary Departure/Adjusting status

[Sibca04 4]

Just last week.

[Display01 6]

Because with the I130th approval, he can file 601 waiver, wait for approval then depart the USA for processing abroad.

[Hypnos 6,577]

23 minutes ago, Relina said:

Because with the I130th approval, he can file 601 waiver, wait for approval then depart the USA for processing abroad.

You are mistaken. 

[Boiler 45,837]

24 minutes ago, Relina said:

Because with the I130th approval, he can file 601 waiver, wait for approval then depart the USA for processing abroad.

Not how it works, OP has a Lawyer so need to go further.

[Franco007 27]

Gm @Sibca04 My two cents in this matter .........

 

Most of the suggestions given to you here are true about breaking laws and all that. 

 

The I-130 approval simply means that the U.S acknowledges the relationship between the both of you as family members (Husband and Wife, Bother and Sister, Parent and Child and so on). That is all I-130 is all about and that does not give some status or immigration approval. 

 

With the current law in place, been that he EWIed he only has a few choices that i know of like Asylum and I-601a. The Asylum will be hard to prove, so i guess the I-601a is your best option which he will still have to leave the U.S to face his faith at the embassy in El Sal after the I-601a is approved. And from others who have gotten I-601a approved, it is not an automatic visa approval. The embassy may find something else to deny him if he is unlucky like some who still got denied even with the approved I-601a.

 

If he had left since the agreed Voluntary Departure the 10yrs would have been over by now but all hope is not lost... Hear from your lawyer and make your own decision.

 

Myself and my spouse made the decision for her to leave back in 2011 voluntarily and we got married in 2013. It is almost 7yrs since she left but it is worth it as she has achieved a lot that she could not have if she was still here illegally. Trust me sometimes what you think you can achieve here and no where else people are achieving same all over the world. Now the wait is almost over as she will be back in the U.S in a few months as a U.S trained Nurse which she achieved while here before her departure and now a British/Nigerian trained Lawyer which she achieved after her departure and wouldn't have dreamt to go study law if she was still here illegally.

 

I wish you the best and keep us updated.

 

 

 

[geowrian 22,337]

5 minutes ago, Franco007 said:

With the current law in place, been that he EWIed he only has a few choices that i know of like Asylum and I-601a. The Asylum will be hard to prove, so i guess the I-601a is your best option which he will still have to leave the U.S to face his faith at the embassy in El Sal after the I-601a is approved. And from others who have gotten I-601a approved, it is not an automatic visa approval. The embassy may find something else to deny him if he is unlucky like some who still got denied even with the approved I-601a.

I-601A is not applicable here since the OP has a current deportation order due to failure to follow the terms of the voluntary departure.

 

See page 2, "Who is NOT Eligible to Receive a Provisional Unlawful Presence Waiver?" on the I-601A instructions.

https://www.uscis.gov/system/files_force/files/form/i-601ainstr.pdf

[Franco007 27]

2 minutes ago, geowrian said:

I-601A is not applicable here since the OP has a current deportation order due to failure to follow the terms of the voluntary departure.

 

See page 2, "Who is NOT Eligible to Receive a Provisional Unlawful Presence Waiver?" on the I-601A instructions.

https://www.uscis.gov/system/files_force/files/form/i-601ainstr.pdf

As of now we do not know if still on deportation list as he agreed to voluntarily depart the U.S..... Until the lawyer is able to verify he is still on the list then that will apply. 

[geowrian 22,337]

1 minute ago, Franco007 said:

As of now we do not know if still on deportation list as he agreed to voluntarily depart the U.S..... Until the lawyer is able to verify he is still on the list then that will apply. 

A deportation order is automatic upon failure to comply with the voluntary departure terms. That deportation order would need to be cancelled/rescinded first...which there is no indication that this has been done or even remotely likely (again, where the big bucks come in handy).

[Franco007 27]

12 minutes ago, geowrian said:

A deportation order is automatic upon failure to comply with the voluntary departure terms. That deportation order would need to be cancelled/rescinded first...which there is no indication that this has been done or even remotely likely (again, where the big bucks come in handy).

That is the reason i said the lawyer will find that out. I have seen a case where someone was in the deportation list and agreed to voluntarily depart and when he refiled without leaving that never came up. Although he did not EWIed he overstayed. He is now a resident and did not have to leave the U.S he did all with the help of an immigration lawyer.

[Unlockable 7,315]

In all honesty, it is the not leaving on the voluntary departure that puts him in a bad light. This was basically a slap in the face of the law when he was given a chance to do the right thing.

 

An immigration judge may look at the other infractions a little more leniently, but the lying about the departure may have set his fate. Basically his word is meaningless now.

 

You seem to already know the possible outcome of this. Your family can still be together in another country.

[Going through 5,671]

Difference being your friend did enter the country legally, as you said.  Had he not, he would have had to leave the US before AOS as in the case of the OP's husband.

 

Lots more options in immigration when the person enters the country with inspection, rather than not.

Edited February 6, 2018 by Going through

[Springrain22 427]

2 hours ago, Display01 said:

Because with the I130th approval, he can file 601 waiver, wait for approval then depart the USA for processing abroad.

I am wondering, who told you this? It's not true.

[Crazy Cat 42,028]

1 hour ago, Franco007 said:

Although he did not EWIed he overstayed

and there is the difference.  One person was inspected and one person was not inspected.........makes a gigantic difference...