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Thread: What do I do after voluntary departure?

  1. #1
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    Post What do I do after voluntary departure?

    Good evening. I'm back again. Thank you so much for those that answered my past questions.

    My wife has recently departed the U.S. after voluntary departure. What actions should I take next so that she can return back to the states? I can't deal with the stigma of her being far away and in another country and it's causing severe strain on our marriage.

    I have filed the I-130, I-485 before she left and they are pending. She hails from Lithuania.

    Thank you.

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    The I-485 is abandoned because she left; if she thought she was eligible for Adjustment of Status, she should have argued that in removal proceedings and sought adjustment from the immigration court instead of leaving.

    The fact that she got voluntary departure doesn't really tell us anything about her situation. Voluntary departure just means she wasn't "removed", and thus did not get a 9A ban for removal. But it doesn't tell us which other bans she might have. She likely has a 9B ban depending on how much "unlawful presence" she accrued prior to leaving. She may have other bans, depending on her situation, but it's impossible to tell without details of her immigration history.
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

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    inadmissible (10-10-2017)

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    Thank you for the reply.

    She was unqualified for DACA. She was on an overstay visa since 2004. She was on removal proceedings for this reason. She was also on removal proceedings for 2 charges of possessions < 50 grams of weed.

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    She should be eligible to apply for AOS even if overstayed but due to two drug possession charges she may not be eligible for AOS. An exception to the absolute bar to AOS for controlled substances possession is for a single offense of simple possession of <= 30 grams of marijuana. Unfortunately, the immigrant waiver for controlled substance offenses (not involving trafficking) under 212(a)(2)(i)(II) is limited to a single offense involving the simple possession of <= 30 grams of marijuana as well.

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    inadmissible (10-10-2017)

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    Sounds like she may not be eligible for an Immigrant Visa.

    What is your plan B?

    Do you have a LAwyer, have you spoken with one of the recommended lawyers?
    Nothing in life is guaranteed, especially anything to do with Immigration.

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    Good luck and try to get intouch with lawyer.

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