Hello drea ,
i was arrested charging by burglary instructure then charge drpoed to tresspass in ,they just charge me with burglary that way they call immigration since is a felony charge .... so after all charged droped they found me ellegal in usa for 4 years , so when i went to see judge the prosecutor tryd to invol me in trouble of being a felon ... so after all i just had to ask judge for Voluntary Departure so he granted me a Voluntary Departure with a " Safeguard " so i left the usa and came back to my country . Now my girl friend which is American Citizen are coming to stay with me and marry me i wanna ask you please how long does it takes me to go back to usa after we apply and is it an easy case to win or not .. Thank you so much for answeres

Three minuses are there for you: you overstayed on US soil for more than a year (10-year bar); you are outside of the US; and you're a felon.

Against two pluses: granted voluntary departure and marriage to a USC.

Voluntary departure is beneficial, in some cases could override bar to reentry, but only if the "overstay" is more than 180 days but less than 365 days, where the bar is three years. This benefit does not apply to you.

Marriage to a USC, under normal circumstances, proffers immediate immigration benefit to an alien spouse, as long as some basic qualifiers are fulfilled. But your situation being the alien spouse in this specific scenario is "very far" from normal or straightforward. (Please see your three minuses above).

Therefore, your chance of being readmitted into the US is very little to nil for the next 10 years, which is further muddled by your run-in with the law while you were here (burglary or trespassing?).

Beware of some practitioners that may promise you the moon and the stars in exchange for hefty fees. They may brandish these and those kinds of waivers and make it look easy. And yet, on the receiving end, the US government will just sit on your subsequent applications that are anchored on your marriage viewed as nothing more than an act of convenience or as a desperate immigration leverage (however love-inspired it may be).

Believe me, your road ahead leading to the US is not that smooth. The coast is not that clear for you facing the Statue of Liberty.

(Just an opinion - take it or leave it).

Hello dear

Tank you so much for all info that u gaves i really appreciate it ! but i would like to mention something here is that i wasnt convicted wth a " burglary " neither felony it was a simple tresspassing Thats all

What is a 'safeguard?'

SafsGuards are immigration officers : they work for immigrations and they take you to the airoport and make sure ur in plane

florida2001: forgive me for using the word felon because I didn't really mean that in the criminal sense, otherwise your voluntary departure request should not have been granted, but its implication with your immigration problem (trespassing can be a misdemeanor in one state but may be a felony in another state). What I meant was that it would still work to your disadvantage (a demerit or a minus point) in the course of the background check to be undertaken about you in your subsequent filings. Because you could fail the "good moral character" requirement within five years of your departure (or removal under safeguards) from the US.

Explora: the safeguards that the OP mentioned is one of the conditions being attached to the granting of voluntary departure to ensure the alien's timely departure from the US within the given period, that may include: posting of bond; continued detention before departure; and removal under safeguards.

In some cases, an alien is even required to present to the Service, for inspection and photocopying, his or her passport or other travel documentation sufficient to assure lawful entry into the country to which the alien is departing.

These are the "safeguards" not the officers that enforce them.

Thank you so much for being nice and yes i understand what you mean ! so do you think if i get a lawyer to take care of it would be easier and Cool ?

dear $hitbag illegal criminal: stay the EFF out of MY country, you douchebag. You steal, rob and violate our laws, you are a scumbag visa cheat and now you want to be allowed to return to the US of A? Why? So you can continue your life of crime, breaking into houses and businesses and steal? EFF U. You are slime and anyone who would consider marrying you would only compromise the human gene pool....who needs your sorry a$$ in the United States of America??/ You cannot and have not obeyed any law or regulation, so go to FN Greenland and enjoy life there, $hit-for-brains.

I bit ur a Country boy from texas or smg .. some dirty a$$ wit no education !!!! u dont even understand what i mean ... u must be a racist personne whic everybody hates even ur own people j*rk

this is a joke, right?

quote:

Originally posted by florida2001:
Thank you so much for being nice and yes i understand what you mean ! so do you think if i get a lawyer to take care of it would be easier and Cool ?

It's up to you, but I already gave you a word of caution, and I'm giving it again to you now. If someone promises you that your case is simple and easy, and you could reenter into the US within 10 years, beware. That's simply not true.

Wasnt a jock darkforce !!! Cant u see what he is sayin !!!!! like i a a Criminal or something ... everybody did Mistakes and it was verry small thing i stole verry small even him he done it before and worse and am sure he still does whenever he got chance to ... am i RIGHT MR RIGT " SOMEONE12 " u 12 year Old right ?

What the H E double L were you thinking ???


Here you are illegal for 4 years, and you do something stupid like stealing to get caught and nearly deported. Even worse, you stole something stupid and small. Even if he does it... doesnt matter, b/c if HE got caught, he wasnt in danger of USCIS grabbing his butt.

Here is the problem.. last time I checked... breaking and entering/burglary are criminal acts. Reduced to trespassing was a favor for you... doesnt make the crime any different. You still stole. Still makes you a criminal, Im sorry to tell you this. Yes everybody did make mistakes, but dont delude yourself that you didnt do anything wrong my friend.

Why you didnt get married to this chick the minute you got arrested... or before. How long you know her? This will be important when it comes to filing that waiver if you get married to her.



Quote from Jimmy CAGNEY MOVIE: NEVER STEAL ANYTHING SMALL

Hello my friend
i couldnt marry her because already maried to another one but separeted i still didint got divorce untill last year so no wi am able to marry her .. i have never burglar any door before at all in my whole life.. and i believe that all ppl stole small stuff in their lives and dont say NO plzzzzzzzzzzzzz !!!!

ok Im confused

You were married to USC here and got divorced?

So you had papers at one time?

No , i was maried with a girl from Kansas but i have never applyed for green card then we separted for some reason then i moved back to florida where i met this girl now .. so since 2001 i just got Divorce 2 years ago from my X wife .. because she didnt want to do so ... anyway is a long story .. but thats it .. i asked a lawyer before he said i can go back to usa in 5 up to 7 months so ??

this is very rediculous florida

Why didnt you have your wife apply for the green card. do u know that you could have applied for a 751 waiver based on good faith marriage if she had applied 4u

What didnt she want to do so....

get a divorce or not apply for papers for you?

well , i was reall y busy to apply for it that time and we only stayed togetehr 5 months .. and what i mean by she didnt want to .. i was talking here about didnt want to Divorce me .... now shes maried to another man .. Now what do u think ? if i get a lawyer and marry my gf would i be able to re-entre the usa again ? i tink i even have a daughter there with my x wife !

Hmmmmmmmmmmmmm

The story just keeps gettin better. Now you think you have a child with the ex, but jou dont know? If so be ready to pay support and this could work to your advantage.

Marry the girlfriend. You already have triggered the 3/10 yr bar. You must have the bar to be able to apply for the 601 waiver. You definitely need a lawyer with skills. and dont trust any lawyer telling you 5 or 7 months. It could be longer... prepare for the worst. The daughter thing will help you. and a letter from the first wife and evidences proving that the first marriage was not a fraud.

Good Luck

Hello thank u for reply !!
well my wife cant help me with anyting ! i have been asking her for Divorce papper or a copy of mariage certificat she didnt want to send them to me at al !! about daughter i think shes my daughter , she told me that before and now she just changed her mind by telling is that shes not my daughter ... so orget about havin a daughter or anything i was just saying that i might have one there not to deffend my case or anyting ....about lawyer... i am worry to give my money away for nothing thats all ... as i know some ppl as WORSE cases than mine and they went back to states in a couple months ! drug stuff and serious crimes ... so