Deportation or voluntery departure.

A

ali hamza

Registered Users (C)
Hi folks.
I hope you all are having a blessed day.
This is my story.
I was in removal proceedings since 2006.My attorney got extentions every year and i use to get a letter from uscis that i have been granted another year.travel and work authorized.I was given master hearing court date in april 2008.I was there with my attorney.Judge denied my petition and i lost my case.After my final hearing i left usa after two weeks coz my dad had met a serious accident and i wanted to see him.When i left united states after being in my final master hearing i still had extention letter sayin travel and work authorized.I left usa on my own expense..........After that my fiance in usa filed K1 visa with got approved from uscis and nvc.And i had to appear for an interview in my home country in a usa consulate.The consular spend almost an hour with me seeing my proof,pics,telephone bills,email etc......And after that he refused my visa saying you departed united states while you were still in proceedings......And you are barred to enter united states for 10 years......After that i called my attorney in usa she told me we have a written decision from judge after three months when you left usa in 2008.......which was a written decision of all the final master hearing where i was present with my attorney.Please assist me what do you think abt this......If you have any questions iam there for you.Thanks for your time.
sincerly,
ali.
 
You did not say why you were in removal proceedings in the first place.

"Voluntary Departure" is a form of relief for which you must apply and an IJ must grant. You however, departed while under an order of deportaion. Have your attorney explain the difference.
 
Thanks.
I was married to american citizen and i was granted 2 year conditional green card.when i went for my second interview the officer denied my 1-751 sayin you have not entered marriage in good faith.....which was not right.....it was complictaed ....we were seperated lot of times.And she was living by herself.

No my attorney did not tell me that..............
 
Whether a sham or just a failed marriage, it had ceased to be valid for immigration purposes.

The divorce rate in America for first marriage, vs second or third marriage:
50% percent of first marriages,
67% of second and
74% of third marriages end in divorce, according to the Forest Institute of Professional Psychology in Springfield, Missouri.
 
IF you have a basis upon which to immigrate, you can TRY filing an I-212 waiver application (read the instructions carefully).

You have not indicated what basis you could possibly use to immigrate. Has some employer filed for you? Has a relative applied for you?
 
Joe my K1 petition has been approved from uscis and NVC.but the consular in my home country denied told me that iam barred to enter for 10 years.My fiance lives in states.On my visa denial it says your k1 visa application is valid for one year which is till june 2011......after that my application will be cancelled..........What is the difference between I-212 waiver and I-601 waiver.Thanks.
 
Given your circumstances you could have secured a voluntary departure easily, absence of VD would have put you in 10 year bar if you were to leave the US and you did.
A little too late to talk about the VD now.
 
Yes i was married to US citizen and after that i got my two year conditional green card.......Then i went for an interview for my 10 year green card and my spouse was with me too.Immigration officer denied my petition saying that the marraige was not entered in good faith.After one year we got divorced............Then i met my fiance after 18 months of divorce and got engaged......My fiance was also present with me on my final master hearing......If i knew leaving united states will barred me from entering for 10 years i would have not left......But at that time my dad met a serious accident.....Missed my dad all these years...I just decided from heart at that time i guess........Now my K1 petition is approved from uscis and nvc but the folks in american embassy in my home town are not giving me visa.......what are my options.....they havent told me either if i can file for a waiver....They gave me this blue paper of refusal saying iam barred to enter US till 2018....And my application is valid till june 2011 after that my application of K1 visa will be cancelled.......Please assist....God bless ya all.
Ali.
 
You can file for a waiver, but its very very hard to get that waiver.
I am not sure but in order to even apply for a waiver it has to be a immigrant petition not a K-1 and maybe thats why the embassy did not instructed you to file for the waiver.
 
Any other moves i can make.Or thats it i have to wait till 2018.Can i pay any penalty any deportation bond or any deposit which can be favorable to me.And also can some one please tell me what is the difference between I-212 waiver and I-601 waiver.Thanks.
 
I-212 = Persons who wish to enter the United States legally after being deported, removed or who have voluntarily departed the U.S. without an order of deportation may reapply for admission to the United States, if they meet certain qualifications.
I-601 = For an alien who is ineligible to enter the United States to apply for a waiver of excludability.


ali hamza said:
Any other moves i can make.Or thats it i have to wait till 2018.Can i pay any penalty any deportation bond or any deposit which can be favorable to me.And also can some one please tell me what is the difference between I-212 waiver and I-601 waiver.
Click to expand...
 
So many people just don't understand what a petition does.

A petition merely "establishes a relationship and specific classification". That can be a familial relationship, including, intended spouse (fiance), spouse, child, parent, or sibling OR employer-employee OR some oddball categories like widow(er), orphan, special immigrant juvenile (ward of the state), battered spouse/child, person of extraordinary ability (a relationship to the world at large) etc...

A petition does not GRANT any immigration status.

After a person is classified as demonstrated in a petition THEN they may APPLY for a visa.

To qualify for a visa, the person must be addmissible under the immigration laws OR eligible for a waiver AND actually GRANTED such waiver through an exercise for DISCRETION.
 
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