Voluntary Departure...

[bunty]

Thank you for all your suggestions:

I have been trying to help a friend of mine. He came to the USA legally 16 years ago on a J-1 and was ordered to leave the country on voluntary departure.He did not get any help from anyone during the Voluntary Departure...

He stayed back in the USA and was in love, got married a USC has 2 wonderful kids.He has been married for 5 years. He is extremly terrified to talk to anyone and is often worried and depressed.He is well educated and a contributing member to our society. H e does research and is employed recently.Could anyone throw light to his situation and try give positive advise. Thank you.What should he do? Any specific suggestions? Any contacts? I feel for this individual as he is a good person. Thank you.

[bunty]

Thank you for all your suggestions:

I have been trying to help a friend of mine. He came to the USA legally 16 years ago on a J-1 and was ordered to leave the country on voluntary departure.He did not get any help from anyone during the Voluntary Departure...

He stayed back in the USA and was in love, got married a USC has 2 wonderful kids.He has been married for 5 years. He is extremly terrified to talk to anyone and is often worried and depressed.He is well educated and a contributing member to our society. H e does research and is employed recently.Could anyone throw light to his situation and try give positive advise. Thank you.What should he do? Any specific suggestions? Any contacts? I feel for this individual as he is a good person. Thank you.

[AliBA]

I'm not a lawyer, so check with one. However, the fact that he took voluntary departure and didn't go complicates what would have otherwise been fairly simple. Is he covered under 245i (did his USC spouse or employer file for him)?

Based on the following, your friend is barred from adjusting status. There may also be other penalties.
http://www.ailf.org/lac/lac_pa_102505.pdf

[dragonlady]

ordered to leave voluntarily...hmmmm...

He may be best checking with a lawyer. Or his wife may file the I-130 and see what happens..

They don't let you in because you are good - they let you in because you meet the criteria and you can pay the fines (oopps - fees). Lots of not good not law abiding germs get in.

[mohan]

its all depending upon when he was given voluntary departure and on which date he got deported, because he must have an order of deportation stipulated with VD. Next if he visa petition was filed on his behalf or not.
Under the cooper memo ( dated sept, 2001) he will be able to adjust his status if his bar is lapsed.
I cannot suggest any more info unless I know what law apply to him. is he under IMMACT 90? or IIRIRA OR Transitation rules etc. someone must know his situation first before giving any advise. ultemately he has to motion to reopen his case with prima facie eligiblity etc.

[Someone12]

sorry, but "good people" respect the laws and rules of the very country that gave this $hitbag the privilege of a visa....and he has shown his disdain for our nation by his own selfish and oh-so-typical whining of illegal lowlife aliens by not obeying nor complying with the terms of the J1 visa....instead, he wants to be rewarded for his total lack of respect for America, yet this dirtbag wants a green card just because he helped produce a couple of kids....so what???? And you, the OP, want this scum to be rewarded as well???? What do you say to the hundreds of thousands, if not millions of people, who are outside of the US, waiting to immigrate LEGALLY by following ALL of our laws???? Well? What, this $hitbag deserves something special because he knowingly violated the terms of the privilege he was given? What an effin' joke. Send this jagoff back to wherever he came from.....

[timmy_d11]

"$hitbag"

"lowlife"

"dirtbag"

"scum"

"jagoff"

Hey Someone12, this is exactly why people can see through your nasty racist bull**** and know for certain that you DON'T sincerely and genuinely have America's interests and "laws" at heart.

Why don't you just **** off back to whatever rock you crawled out from and prepare your soul for hell when you die.

[timmy_d11]

Seriously man, you deserve eternal ****ation when you die for lack of compassion to others while here on earth.

Better yet, let's hope the Buddhists are right and you can come back as an Ethiopian digging in the dirt for earthworms to eat so you don't die of starvation, after both parents died of AIDS when you are 3.

[macyuhoo]

You gotta give it to this 12 years old Someone. At least, he knows something. But, there should also be a law banning 12 years old like him from engaging in adult's discussion as complicated as immigration issues.

[dmartmar]

timmy,

I agree wholeheartedly with someone12. The person was ordered to leave, yet he stayed and married to get around the system.

He deserves NO pity and has no excuse.

[mohan]

can't contend your opinion of pitty, because everybody can express themselves, but, how you know his situation? there are many situation when alien gets Voluntary departure. may be he had one case going and he want to marry and withdraw his case and judge gave him VD? nothing wrong with that. One reason or the another we shouldnot jump into the conclusion. if you can help and answer then, very good otherwise we are not the judge and have no right to judgement anyone...my two cents
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by dmartmar:
timmy,

I agree wholeheartedly with someone12. The person was ordered to leave, yet he stayed and married to get around the system.

He deserves NO pity and has no excuse. </div></BLOCKQUOTE>

[Prof.]

Filing a I-130 will bring forth the fact that he was once in the removal proceedings. I believe it is question 16 ask for this specifically. ":has your relative ever been under immigration proceeding? This is where the juicy stuff will have to be revealed.

He should have left voluntarily, but this is in the past. I believe that he and wife should apply and be truthful. So, for now his marriage has stood for some time, maybe the immigration gods will forgive him and issue a greencard for him. He should file all the forms, but should invest in a good lawyer, not a stupid doofus who will take his money and screw him.

Good luck... I am not an expert, but I stayed at the Ritz Carlton last night...