Voluntary departure and B1/B2 Tourist Visa

[joey_77 0]

so this is a little odd what happened to my brother:

He arrived through the land border in Laredo TX, he holds a VALID B1 Tourist Visa. This is his FIRST time crossing by land and he did not know how to get the I-94. When he got to San Antonio he said that he didn't get a permit (June 5th). so basically he entered the US WITHOUT INSPECTION even thou he has a valid visa!

so he had the bad luck of running into immigration a month later (July 2nd) and he faced deportation, but we posted bail bond and is now facing immigration court. Most likely he will be granted Voluntary Departure on Dec 2th (our next court date) and he had to swear under oath that he entered the US on june 5th and that no officer stamped his passport.

That means he will not have an overstay? since he entered on June 5th and voluntary departure will be granted on Dec 2nd?

more important: once he leaves the US will he be eligible to re-enter? as far as I know a voluntary departure with NO overstay would not make him inelegible since he has a valid tourist visa.

Thanks for any help/comments

[Boiler 43,633]

so this is a little odd what happened to my brother:

He arrived through the land border in Laredo TX, he holds a VALID B1 Tourist Visa. This is his FIRST time crossing by land and he did not know how to get the I-94. When he got to San Antonio he said that he didn't get a permit (June 5th). so basically he entered the US WITHOUT INSPECTION even thou he has a valid visa!

so he had the bad luck of running into immigration a month later (July 2nd) and he faced deportation, but we posted bail bond and is now facing immigration court. Most likely he will be granted Voluntary Departure on Dec 2th (our next court date) and he had to swear under oath that he entered the US on june 5th and that no officer stamped his passport.

That means he will not have an overstay? since he entered on June 5th and voluntary departure will be granted on Dec 2nd?

more important: once he leaves the US will he be eligible to re-enter? as far as I know a voluntary departure with NO overstay would not make him inelegible since he has a valid tourist visa.

Thanks for any help/comments

Something for his Lawyer, but I doubt if he has a valid visa. Had probably.

[SweetApple08 2]

I jus find the situattion a little odd. I don't understand how he could cross the border without getting his I-94 (the immigration officers always staple that to the passport). How come noone knew that he had no record of his entry here. When my parents come first thing I do is to check their passports and their I-94s right there and then. He was so unlucky about the whole thing & totally odd I hope you have a good lawyer for him.

[joey_77 0]

I jus find the situattion a little odd. I don't understand how he could cross the border without getting his I-94 (the immigration officers always staple that to the passport). How come noone knew that he had no record of his entry here. When my parents come first thing I do is to check their passports and their I-94s right there and then. He was so unlucky about the whole thing & totally odd I hope you have a good lawyer for him.

it was really odd actually but he has NEVER crossed the border by land before, he said that there were only 4 people on the bus and when he got to the ICE checkpoint (25mi past the border), an ICE agent got inside the bus, checked the documents, he held his passport and looked at it, inside he has this tourist visa and just simply handed it back to him.

so yeah, overall is a very weird situation, the reason why he ran into immigration was over a traffic violation, he had his passport and visa with him at all times, but he still had to spend about 10days in jail