Jump to content
dollyhouse

filing I-130 after voluntary departure

10 posts in this topic

Recommended Posts

I am hoping I can get help from this forum

My mother was granted voluntary departure in June 2010 but does not have proof of leaving the United states because she lost the passport she used when she departed the US. She now has a new passport. She also cannot find the airline itinerary/ticket that she used to depart. I am a US citizen and filed an I-130 which has been approved by the USCIS. I am now in the process of submitting documents to National Visa Center for her Visa.

Are there any other documents i can submit to establish proof of voluntary departure from the US?

Share this post


Link to post
Share on other sites

Nowadays difficult to do anything without leaving a paper trail. Must have things that show her presence in her own country.

I thought VD required you to report to the US cosulate anyway?

Is this a waiver case?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

hi

who will file the waiver for her, you don't qualify as her child

while she managed to avoid deportation by signing a voluntary departure, if she has lived in the US for over a year and left, she has a 10 year ban and needs a waiver to overcome the ban, children don't qualify.

she will be able to file the i601 only if she has a LPR or USC spouse or parent

Share this post


Link to post
Share on other sites

Illegally present for more than a year, we do not know how she entered.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Nowadays difficult to do anything without leaving a paper trail. Must have things that show her presence in her own country.

I thought VD required you to report to the US cosulate anyway?

Is this a waiver case?

Thanks for the response.

Unfortunately, the lawyer that helped with her case at that time did not inform her that she needed to report to US consolate after she arrived in Nigeria. So, there is no paper trail there. I was thinking maybe we could provide affidavit statement as proof that she has been living there but not sure if that would be accepted as sufficient proof of departure.

I do not believe this a waiver case. I am a USC and I am petitioning for her to come to the US.

Share this post


Link to post
Share on other sites

Why was she given VD?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Why was she given VD?

It was as a result of a denied asylum petition.

hi

who will file the waiver for her, you don't qualify as her child

while she managed to avoid deportation by signing a voluntary departure, if she has lived in the US for over a year and left, she has a 10 year ban and needs a waiver to overcome the ban, children don't qualify.

she will be able to file the i601 only if she has a LPR or USC spouse or parent

Thanks for the response. What is a LPR?

Share this post


Link to post
Share on other sites

Legal permanent resident

Was the asylum claim deemed frivolous?

How long was she out of status?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

The devil will be in the detail.

Period of time when there is a bona fide asylum claim does not count.

Period between granting VD and leaving does not count.

Assuming no illegal work.

Quite what the Consulate will make of it is another matter, let us know how it goes.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×