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  • voluntary departure

    Hi everyone, actually I lost my case with Ninth Circuit in CA.But I discovery recently that I still have right to do v.departure.Because since the judge granted me V.departure, but I did appeal, and my process it was all the time pending.Then I still have right to negociate with the Office here to do extension for my v.departure for more 120 days.Then I leave the country and wait until have visas available for country .One attorney told me that before they give me any visa, they will call me in my country ,to came in USA for interview with me and my husband,if they approve then I will get green card,without doing adj.status or sponser.Is it true? I'm scared that I will wait 10 years to see my husband again if I leave.But they say that I started my process 02 months before my I94 expired, I was legal.Then because of that I'm not waiver.What that's mean?

  • #2
    Hi everyone, actually I lost my case with Ninth Circuit in CA.But I discovery recently that I still have right to do v.departure.Because since the judge granted me V.departure, but I did appeal, and my process it was all the time pending.Then I still have right to negociate with the Office here to do extension for my v.departure for more 120 days.Then I leave the country and wait until have visas available for country .One attorney told me that before they give me any visa, they will call me in my country ,to came in USA for interview with me and my husband,if they approve then I will get green card,without doing adj.status or sponser.Is it true? I'm scared that I will wait 10 years to see my husband again if I leave.But they say that I started my process 02 months before my I94 expired, I was legal.Then because of that I'm not waiver.What that's mean?

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    • #3
      You are very wise coming to a public bulletin board to handle such a simple case with such massive amount of background information. I am being sarcastic. You have a very complicated case that no one here could possibly answer, especially with what little information you provided on the background. However, they will NOT call you to interview you in US; they will interview at your consulate in your country.

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      • #4
        Hi Joanne,

        I'm not sure how much this will help but from what I gather I have been through a similar experience. What I recommend is if you are allowed a voluntary departure take it if you don't then they will deport you in which case you are not allowed to even think of stepping foot on US soil for at least the next 3 years possibly longer.

        I am a US Citizen my husband is not. He was also asked to voluntarily leave the country or face deportation. He went back to his country and I went to the US Embassy on his behalf and filed the I-130 they did a quick interview with us both and gave him a checklist to complete he mailed the checklist in on Tuesday and they have already called him for his final interview. Once he has his final interview he can come back to the US and he will recieve a green card in the mail soon after. At any rate dealing with the US Embassy overseas has been a much quicker and efficient process than dealing with the US Immigration system.

        My husband left the US for his country on July 1st. So total it is taking us 4 months to process his green card this way.

        If he didn't go overseas we would still be waiting for the I-130 to clear here in the US the last time I checked the status it still was pending for another year.

        Hope this helps!

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        • #5
          In my case I overstayed for 2 days due to an inability to schedule a flight. I went to the local immigration office and aked for an extension. They gave me no extension but instead allowed me to leave voluntarily and they didn't revoke my b1/b2 visa on account that I really want to leave. I returned on a few subsequent flights with no incident after that. But then again that is just 2 days.

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