voluntary departure

**snyakowa** · 01-25-2012, 03:51 PM

HI, I'm new here and had a few questions. I was granted VD last year November and scheduled to leave in 18 days, my husband and I have been dating for almost two years, we got married after being granted the VD, we filed I-130 and USCIS received it on Dec13 of last year. I came on a student visa, but my country issues visas for 2 years only. I've been here since 2008 DEC and started school Jan 2009. I fell out of status when I took a semester off. I transferred to a cheap school which their credits couldn't transfer and they had started trying to reinstate me but when I found out I couldn't transfer their credits I transferred to another school which was accredited, and neither school didn't know how to go about issuing me another I-20. This was actually what really made me mad and confused. I kept going to school but the school which I transferred from told some authorities that I was out of status. So the ICE guy came to my apartment to see whats going on and he just wanted to get me a court date to go see an IJ. The first hearing, the court didn't have my paperwork, they sent me home, so I heard from them a year later, the second time, the judge knowing that I was out of status gave me a VD, but being twenty two years old then and not having gone through this process didn't know anything about getting a lawyer, hence I waived my rights to appeal unknowingly, by then I was just dating my boyfriend. SO i'm wondering being that my visa expired after two years but still kept going to school, will my embassy in my country forgive me for that after hearing back about my i- 130 or will i have to file for a waiver if its denied. I know it sounds cliche but my husband and I don't want to be apart for too long. I'm excited to see my family and friends back in Kenya but my husband is my family too now. I hate immigration proceedings, they are harsh on people for no reason. Hope to get some advice from anyone.

Thanks

**cupcake** · 01-25-2012, 03:57 PM

You need to consult with a good immigration attorney as soon as possible, before your VD deadline passes.

Do you have any other immigration or criminal history?

I am not sure what can be done since you have to leave in two weeks, but I don't think you are out of options either.

You may want to try to ask your question in Laurel Scott's chat today. She is a well respected and knowledgeable family based immigration attorney. Her chats do not substitute a consultation, but this may help guide you in the right direction.

My advice for getting questions answered in her chat: If you decide to ask her, share only the facts, not the information about school credits. Make the question as straight forward as possible.