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Thread: voluntary departure living in brazil

  1. #1
    Hi, this is a desperate call for help. Im a USC married to a Brazilian for 9 years now, we appied for residence in 1998 it was denied then appealed twice also dissmissed last one being july 2003. In between these years he went to brazil on travel document once in 1998 and 2000 unaware of the bars he was subjected to if he left. We never recieved any further information after july 2003 from DHS the following jan. 2004 he voluntarily left for brazil currently living there. This is the part where i need alot of help Ive talked to many lawyers and still can not get a straight answer of what we can do at this point. He's an awsome guy never been in trouble with the law anywhere. I would really appreciate someone to help.

  2. #2
    Hi, this is a desperate call for help. Im a USC married to a Brazilian for 9 years now, we appied for residence in 1998 it was denied then appealed twice also dissmissed last one being july 2003. In between these years he went to brazil on travel document once in 1998 and 2000 unaware of the bars he was subjected to if he left. We never recieved any further information after july 2003 from DHS the following jan. 2004 he voluntarily left for brazil currently living there. This is the part where i need alot of help Ive talked to many lawyers and still can not get a straight answer of what we can do at this point. He's an awsome guy never been in trouble with the law anywhere. I would really appreciate someone to help.

  3. #3
    You filed an I-130? What petition was denied and what was the reason for denial?
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  4. #4
    Yes, we filed the I-130 in 1997 instead of 1998 my mistake, they documented it Dec. 1997. It was denied because he left the country in 1998 to visit family in brazil and by the time we went for an interview two years later he was found inadmissable. Then we appealed that twice trying to prove an "extreme hardship" and it was still dissmissed in july 2003. Im not sure why it was denied I had many letters from family and friends even counselors from my church. All this went through the office in Phx Arizona which I was told from several different lawyers at the time that the Phx office was not approving anyone no matter what the case. Which is very discouraging.

  5. #5
    Guest
    How log did your husband overstay his visa before you two got married? Have you ever filed a waiver?

  6. #6
    He entered the US in 1993 on a B1-B2 visa and overstayed more than the six months. We were married in Dec. 1996.

  7. #7
    Guest
    Doesn't that make more than a year? 10 year bar?

  8. #8
    Yes, thats right there was eight months from Apr.1997 to Dec. 1997 and also from July 2003(last documnts from DHS) to Jan. 2004 another six months until leaving to brazil. What exactly does a 10 yr bar mean for us? Does He have to stay out of the US for that time or is there a penalty we can pay? Does he have a better chance for approval being in brazil or worse from leaving the US?

  9. #9
    Guest
    This is way too complicated (and the law changed in 1997).
    What were you told by lawyers? Can you two go through the consular processing, using a waiver?

    1. Just to put some facts straight. Your I-130 was probably approved, but I-485 denied.

    2. Why do you count from April 97 ?

    3. In July 2003, was your husband given voluntary departure? If yes, what was the time frame?

    I have to say that I don't know enough to give you advise on what should be done. But looking into facts, maybe somebody will come up with something.

    After re-reding your posts, I edited my question ( August 12, 2005 03:13 PM ) while you were answering. Sorry about that.

  10. #10
    Yes I agree it has been very complicated. We have been advised to apply for the waiver again in Brazil and start the process over. He was approved for form I-171 "Relative Immigrant visa petition," but was denied the waiver. In July 2003 when the appeal was dismissed we did not receive any information on time frame to leave he just left thinking that was the best thing to do instead of going into proceedings of deportation. I was told by a lawyer that the illegal time in the US for the bars were effective Apr. 1997.

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