INA 245 (i)

[notime654321 0]

My spouse (USC) and I are in the process of starting our application do adjust my status here, while going through the forms we came across if we're filling under INA 245 (i) and to automatic answer that came was no, but we got confused because in the general eligibility and inadmissibility part they asked in question 22 ' Have you ever been granted voluntary departure by an immigration office or judge but failed to depart in the allotted time?' and we were not sure if to put yes or no, because I've had a change of status denied before mainly because I filed for divorce even before I got any answer back and my then marriage (spouse was not USC ) was done, so at some point I got a letter informing that it had been denied and it said I had 33 days to leave the country. My question is besides I-130, I-485 ( all other files I need to file) do I also have to file for a waiver of some sorts? We do have a meeting coming up with a lawyer, but I just want to know what to prepare for. Thanks for any help.

[Boiler 45,580]

Basically when you attend your interview they will review any inadmissiblities that require a waiver. Just make sure when you see the lawyer you have all the information on your situation dates paperwork so it can be properly reviewed 

Edited November 4, 2021 by Boiler

[wagecuck3 31]

On 11/4/2021 at 2:24 PM, notime654321 said:

My spouse (USC) and I are in the process of starting our application do adjust my status here, while going through the forms we came across if we're filling under INA 245 (i) and to automatic answer that came was no, but we got confused because in the general eligibility and inadmissibility part they asked in question 22 ' Have you ever been granted voluntary departure by an immigration office or judge but failed to depart in the allotted time?' and we were not sure if to put yes or no, because I've had a change of status denied before mainly because I filed for divorce even before I got any answer back and my then marriage (spouse was not USC ) was done, so at some point I got a letter informing that it had been denied and it said I had 33 days to leave the country. My question is besides I-130, I-485 ( all other files I need to file) do I also have to file for a waiver of some sorts? We do have a meeting coming up with a lawyer, but I just want to know what to prepare for. Thanks for any help.

The answer to the question is no. You were not granted voluntary departure. Voluntary departure is something that you or your lawyer have to specifically request from an immigration judge, so that the immigration judge can close the removal proceedings and not issue a removal order.