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Immigration Law Quuestion: I-601 issues

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  • Immigration Law Quuestion: I-601 issues

    Hello friends, I'm going to make this one short and sweet and I'd love
    to hear all of your opinions

    I'm a US citizen, I married my wife 6 years ago and we have a
    beautiful 5 year old, additionally our home is owned and under both of
    our names.

    Unfortunately I was diagnosed with Leukemia about two months ago (good
    prognosis but extremely long times at the hospital - last chemo was 7
    weeks and who knows how many more to come)

    My wife came to the US legally with a tourist visa 14 years ago, she
    overstayed and one day in 2003 she was detained by INS officers while
    traveling from New York to Florida via greyhound (she was visiting
    relatives).

    Immigration judge in Miami granted her Voluntary departure which she
    did NOT comply with and she's still in the US as of now.

    My questions are:
    - Does the "no comply with VD" penalty apply for 5 years or 10?

    - Given all the hope regarding Obama's new proposal to do I-601's
    in-country, do you think she may be a good candidate for it?

    - In your opinion, do you think that my illness plus the need of
    someone to take care of our (US Citizen) son would qualify as "extreme
    hardship"?

    Thanks so much for your opinions, I really look forward to see the
    light at the end of this turbid tunnel and regardless of what fate has
    for me, I want to make sure that my wife finally becomes a US resident
    and eventually a citizen like me.

    Best regards and thank you in advance.

    Sam

  • #2
    Hello friends, I'm going to make this one short and sweet and I'd love
    to hear all of your opinions

    I'm a US citizen, I married my wife 6 years ago and we have a
    beautiful 5 year old, additionally our home is owned and under both of
    our names.

    Unfortunately I was diagnosed with Leukemia about two months ago (good
    prognosis but extremely long times at the hospital - last chemo was 7
    weeks and who knows how many more to come)

    My wife came to the US legally with a tourist visa 14 years ago, she
    overstayed and one day in 2003 she was detained by INS officers while
    traveling from New York to Florida via greyhound (she was visiting
    relatives).

    Immigration judge in Miami granted her Voluntary departure which she
    did NOT comply with and she's still in the US as of now.

    My questions are:
    - Does the "no comply with VD" penalty apply for 5 years or 10?

    - Given all the hope regarding Obama's new proposal to do I-601's
    in-country, do you think she may be a good candidate for it?

    - In your opinion, do you think that my illness plus the need of
    someone to take care of our (US Citizen) son would qualify as "extreme
    hardship"?

    Thanks so much for your opinions, I really look forward to see the
    light at the end of this turbid tunnel and regardless of what fate has
    for me, I want to make sure that my wife finally becomes a US resident
    and eventually a citizen like me.

    Best regards and thank you in advance.

    Sam

    Comment


    • #3
      Hi and welcome,

      I'm afraid your wife triggered a 10-year bar when she failed to depart voluntarily. There are also fines associated with this.

      You and your wife should speak to a reputable immigration attorney ASAP to determine if there are any options available to you. Good luck.

      Comment


      • #4
        You definitely need to speak with a reputable immigration attorney.

        The issue here is that once your wife failed to leave, it turned into a deportation order and she can't apply for an adjustment of status directly with the USCIS. It may be possible to appeal to ICE to reopen the case, but again, you need good legal representation.
        **************************************
        The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

        Comment


        • #5
          Bad news on the overstay front as the others have said however with your medical problems she may well qualify for under the I-601 extreme hardship waiver. A good lawyer is a must. Check this site out for more information on the I-601 waivers. Good luck
          "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

          Comment


          • #6
            To correct the above errors.

            There is no ten year ban unless she steps foot across the border. The 601 waiver does not come into play unless the person leaves the country, voluntarily or otherwise. An order for deportation doesn't exist until it's ordered. Voluntary departure is relief from removal, not removal itself.

            Go see a lawyer. You might be eligible for a cancellation of removal.
            This message brought to you by the vast right wing conspiracy.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
              To correct the above errors.

              There is no ten year ban unless she steps foot across the border. The 601 waiver does not come into play unless the person leaves the country, voluntarily or otherwise. An order for deportation doesn't exist until it's ordered. Voluntary departure is relief from removal, not removal itself.

              Go see a lawyer. You might be eligible for a cancellation of removal. </div></BLOCKQUOTE>

              Failure to leave after being granted voluntary departure does, in fact, result in an order of deportation and renders them ineligible for any immigration relief for 10 years. That includes cancellation of removal and even the ability to adjust status if they become eligible. In that respect, a waiver isn't an option. The only way around it is to try and find grounds to reopen the original case. Given that there's also a fine, the laws around this are harsher than if she'd just left, or even been deported, at the time.

              Oh, and to the OP, it was 5 years before 1995. Since then, it's 10.
              **************************************
              The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

              Comment


              • #8
                The basis for my original post is as follows:

                http://www.ailf.org/lac/pa/lac_pa_022106.pdf

                Any respondent who is granted voluntary departure is subject to civil penalties if he or she “fails
                voluntarily to depart the United States within the time period specified….” INA § 240B(d). The
                respondent may be subject to a monetary fine of up to $5,000,7 and he or she is barred, for ten
                years, from being granted cancellation of removal, adjustment of status, change of status,
                registry, and voluntary departure. Id. Individuals whose voluntary departure orders were issued
                under former INA § 244(e) (1995) are barred from these forms of relief for five years. INA §
                242B(e)(2) (1995).

                Comment


                • #9
                  In a way, Davdah was right, but he was talking about the entry bar. Completely different beast.
                  **************************************
                  The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

                  Comment


                  • #10
                    The post has been deleted by the administrator for violating the discussion board rules.

                    Comment


                    • #11
                      To the OP: it would be a good idea to edit the title of this thread to include "Immigration Law Question". That will help keep the the thread on track.

                      Comment


                      • #12
                        The post has been deleted by the administrator for violating the discussion board rules.
                        USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

                        Comment

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