Steps to take after Voluntary Departure

M

marilynagram

New Member
My husband has to voluntary departure by June 4 2013. We have already filed I 130 and that is still processing. I was wondering what additional forms can I file now or which ones I need to file? I485? Any help is very much appreciated, thank you.
 
What is the background of the situation? How did he end up with voluntary departure -- how long did he overstay? Were you already married before he was in removal proceedings? Is he trying to stay in the US beyond the voluntary departure deadline?
 
He came to the US illegally back in 2005. We started dating 2011, that year he got taken for no drivers license and I had to bail him out, we had a child 5/8/2012 and married 12/26/2012. He had court 2/4/2013. And was granted voluntary departure in lieu of removal/deportation. He is from Honduras.

He plans to leave before the deadline unless anything changes or possiblity for him to stay but I wanted to know what papers besides the I130 could we file.
 
He's not eligible for I-485, because he entered the US illegally. So he will have to leave. And he will be banned from the US for 10 years, because he was illegally present for more than a year. To return before 10 years he'll have to apply for a hardship waiver. He'll have to demonstrate extreme hardship to you or his US citizen child, not to himself.
 
You unfortunately don't know what you are talking about. The 10 year ban only is applicable to removal/deportation. He has voluntary departure. VERY different.
 
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Even with voluntary departure, the 10 year ban applies because the unlawful presence was over a year.

http://www.cpvisa.com/voluntarydep.html
Thus, an individual granted voluntary departure after one year of unlawful presence in the U.S. must wait 10 years outside the U.S. before being permitted to reenter. It should be noted that because of the wording of the statute, an alien who receives an order of voluntary departure during removal proceedings after 180 days of unlawful presence but less than one year is not subject to the three-year bar.
Click to expand...
 
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