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Voluntary departure

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  • #16
    The interesting thing is that I am having INS issues and am also from the UK. I have heard so many, in fact all my UK friends are being given the run around, most often unfounded. The Indian guys and Mexicans are having no problems. It seems to be a UK thing. What state are you in?


    • #17
      Dear hopeful,
      Have you seen the INS charge sheet of your husband? What charges were put on there? It seems very strange that they denied your 485 because he misrepresented himself and was working.

      Did he have any fake documents that the INS got? Well dont loose hope, everything will be ok!


      • #18
        Please dont try to form group. its not what you are thinking don't to be Biased about maxicans or Indians.
        Everybody has problems for one sort or anothers. They never told you any think, you have priviladge for WVP Do they have? NO, you can wak to US any time just buy the ticket, do They?..
        But WVP also comes with package what this origional post is suffering from.
        this case is not Because you are from UK that why you got run around.. its Because you are in WVP catagory and Congress want to control you guys too, not just come here on WVP and do what ever you want. be realistic..
        Nothing Against UK people but I don't want to create any reason for the board to fill with hate and groupism and the filth it will develop will be unbearing. so keep cool.


        • #19
          fir u

          Voluntary departure is still expedited removal... which may or may not be covered by the I-601 waiver. You might also have to file the I-212.

          I am not sure if I am reading this correctly, but your husband has overstayed his VWP correct? If so, 6 month overstay = 3 year bar and 1 year overstay = 10 year bar. You file the I-601 for this and for misrepresentation.

          Deportation carries a 5 year bar, and although some of this may be covered under the I-601 it is also possible that you will need to file the I-212 in addition to this.

          Voluntary departure is still expedited removal and the bar, etc. still pertains, however you pay for your own ticket and he leaves on his own rather than in custody. Additionally, since you buy the plane ticket, the US is not spending additional money, and voluntary departure is looked upon more favorably in future considerations of the case (as opposed to other forms of expedited removal.)

          As for the UK citizens having it more tough... I think you need to really examine that statement. You are from the UK, and therefore you probably know more people from the UK than from other countries (i.e. Mexico, India). Do you speak spanish? What are the probabilities that people from these countries are experiencing less problems than you are - well absolutely none. My guess is that they are probably experiencing more in general...
          but the concept is similar... you break a law, you pay the price. Whether or not that law is just is another question altogther.... but frankly all immigrants are in this together... so if you want to group people together group them into people going through the ridiculous beaurocratic insensitive immigration system, and people who aren't...


          • #20

            Are you saying Voluntary Departure= Expedited Removal.........????

            As far as I know Voluntary Departure=> No Bar.
            Expedited Removal=> 5 year Bar.

            Otherwise why should people choose voluntary departure than Expedited removal???

            Could you please tell me where you got this information?



            • #21
              well I guess it might depend on the type of voluntary departure... but my husband came to a port of entry and was refused entry. They detained him overnight, and gave him voluntary departure... i.e. he left without trial and on his own return ticket, etc.

              And they gave him a 5 year bar.....

              So, I am guessing that they are pretty darn similar!!!


              • #22
                this just does not make date we've never heard of anyone being detained without bond for having worked without work authorization...even when fake SSNs were used...and overstay is an even lesser mohan said, there is something misssing here...


                • #23
                  IF alien is caught at port of entry and put in expidite removal he was given choice to leave voluntary Or he will be deported.
                  Explaination of spouse's comment is related to voluntary departure at the port of entry. IF the alien leaves to his own then its called departed voluntarily no case filed and have no future effect on his adjustment,but BAr for Expidite removal is same 5 years.
                  if the alien was deported then there will be bar for 5 years and other panelties for deportation applies for future adjustment. Illigal entrance after deportation for example.
                  ( to be more clear, once alien was deported( deported by INS or self deported) and try to get entrance again back in the United states, he will be put in expidite removal, the 5 years bar to adjust his status is for that because of that ... period. furthermore to it there are more panelties.. inadmissiblity, and illigal entrance, makes aliens deportable which have more effect in future adjustment. if alien chooses to depart voluntarily while in expidite removel he will save himself from the other panelties but 5 years bar still stands beacuse he was in expidite removal.

                  that make sense?


                  • #24
                    I also came on VWP and got married to USC, never overstayed, but we are separated now and didnt even have first interview...

                    Is it true that even if I leave the country now, I will get a bar for overstaying on VWP since marriage didnt go thru?

                    Some people say that I am in overstay since my I-94 expired...which is over a year ago....

                    This would mean that anyone coming on VWP and getting married to USC...and it doesnt work...then yo are almost sure to get 10 years bar????

                    I think its gonna make people stay here out-of-status rather than make them leave the country isnt it?


                    • #25
                      You entered on WVP, you have your non immigrant status . if you married this did not changed your status to immigrant automatically.. did it?
                      you have to file, lets say you filed, unless until your application is approved you are not immigrant, you are still in process to get immigrant staus. lets say you are either get divorce or marriage didnot worked out before getting immigration status,you AOS status application will be gone the day you are seperated or divorced, what status have? none. you are non immigrant but overstayed your immigration visa by xxx days, and panelty of this is BAr 3-10 yrs, also no WVP in future.
                      Same rule applies even if you got married and have conditional CG and divorced OR seperated before Two years.


                      • #26
                        this question is for spouse, u say ur husband was denied entry was he deported from mexican boarder?? the reason i ask is because my husband was also deported,i filed the paper work for his green card. i know he needs a I601,and a I212 but i am scared that he will be barred for 10 years


                        • #27
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by yevette:
                          this question is for spouse, u say ur husband was denied entry was he deported from mexican boarder?? the reason i ask is because my husband was also deported,i filed the paper work for his green card. i know he needs a I601,and a I212 but i am scared that he will be barred for 10 years </div></BLOCKQUOTE>

                          Hi Yevette,

                          This thread is from 2003. I doubt the original poster will respond. You should stick to the thread you opened on the forum for answers.


                          • #28
                            Refusal at a POE is not a voluntary departure. That is either a withdrawl of application or expidited removal.


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