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  • Voluntary departure

    my husband's I-485 was just denied. They state in the letter that he can submit a letter requesting voluntary departure. What are the differences from being deported opposed to voluntary departure? I know we would pay for his ticket, but does it lessen the bar?

  • #2
    my husband's I-485 was just denied. They state in the letter that he can submit a letter requesting voluntary departure. What are the differences from being deported opposed to voluntary departure? I know we would pay for his ticket, but does it lessen the bar?


    • #3
      I cant answer your question, but am interested in what steps you went through from interview to getting a voluntary departure notice. I am in the process, and an waiting to appeal. I would like to know what happens now.


      • #4
        I'm not really sure I can tell any steps that happened. My husband is detained right now and the letter for the denial of the I-485 stated on it that he can submitt a letter to request a voluntary departure.


        • #5
          write your whole case, why AOS is denied. how long he is here, IF you ask for VDepart, he will allowed only 90 days max to depart , if within the time he depart then no bar, but if he don't then panelty is harsh( not advisable to get V departure if he plan to over stay)
          Fisrt of all why I-485 denied? you should concentrate the facts of AOS first and try to getAOS rather then asking for V departure. there are other options, I cannot conclude other option unless We know you case.


          • #6
            This may be long but I will try to explain it all. My husband was working illegally and was picked up in Jan. by the INS. He has been detained since then. Our paperwork (I-485 & I-130) was filed in June of 2002. When he was detained we were told he was put on a expidited removal list. We fought the case and filed a habeus corpus and we won the right to have a fair ins interview before they deported him. Our interview was scheduled for April 2, 2003 but, when I went for the interview, the ins didn't realize Anthony (husband) was still in custody so they never brought him for the interview. The interview was rescheduled for April 9th. The interview was separate. I was asked about 3 questions about him working and that was it then I was told that they approved our I-130. Then they interview him and asked only about him working. We just got the denial letter and it stated that we can submit a letter requesting voluntary departure rather than removal. We have no money left to fight this with and he has been detained for 4 months so we don't plan to fight it, but if the voluntary departure will get rid of the bar then wouldn't that be the best thing for us to do??


            • #7
              I forgot the I-485 was denied due to misrepresentation of himself. He had received his work authorization and was still working falsely. He was just about the start a job with the work authorization and we should proof of all that in our interview. They also put that he violated the VWPP.


              • #8
                Right now he is in expidite removal, if you are citizen and he was working without permission , had no effect to his I-485. there should be another reason. there must be somthing WVP you didnot mentioned here.
                DID you get i-130 approved letter.
                IF he got voluntary departure AND DEPART timely, still he will have bar because he was in expidite removal. you have to deal with waiverin this case at later stage.
                Thr reason your I-485 denied is not enough and acceptable.
                did he entered on WVP? did he had two years residency bar? there are many other questions, I don't want to get into that.. just want to know the adject reason for denial to help you out.


                • #9
                  Really sad. Email me when you get a chance hopeful...

                  I still dont get it. usually working without authorization is forgiven if someone is married to a US citizen!


                  • #10
                    He entered on the VWP that is why he had no rights when he was detained and was put on the expedite removal. I have not received a letter of approval for the I-130 but the letter of denial also states that our marraige was bona fide. What type of bar will he get if we take the voluntary departure? Wouldn't it be easier to come back if he leaves voluntarily rather then being deported?


                    • #11
                      See.. he have reason to get deported because he was on WVP. his WVP option will be abolished and he will have 5 years Bar, but there are waiver.
                      The letter stating marriage bonafide is notenough.
                      INS still has to process I-130 and It seems that i-130 is not approved yet. NOW once His I0130 is not approved and he already in expidite removal. INS looses the jurisdiction over I-485.
                      He has to process his i-485 application from his country after his removal and after I-130 is approved.
                      One thing is weird.. how come INS denied I-485 when I-130 is not even approved? 485 is next step after 130 not before?. there is somethinf missing hereor erred here.
                      any way he should take departure( because INS is waiting to detain enough people from his country so they can send them all to gather), he should leave within time allotted to him and process paper in his country.
                      make sure you can sponsor him in other effects, meeting poverty lines, extreme hardship waiver qualification is must.


                      • #12
                        They told me that the I-130 was approved. Everything was rushed along because the orders came from a superior court judge not an INS court. He has no rights to go in front of an ins judge. He has no intention of staying longer then allowed if he is able to take voluntary departure. How long will it take for an answer if he refiles the I-485 from the UK?


                        • #13
                          it means circuit court decide the decision. in that case he has to go and file in UK. it will tak more then 6-9 months to get back. he should have copy of I-130 approved.he can file asap as he reaches UK.
                          make sure to be prepare for waiver I-601 too.


                          • #14
                            We did just file a I-601 at the time of our interview and it was denied along with the I-485.


                            • #15
                              you have to file it again, or appeal the same.
                              it may not meet the requirment of extremely unusal hardship.
                              I just want you to know that I-601 is required in your case, and you guys given a head start, you need experience attorney to handle your case. looks to me its mess.


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