voluntary departure?

[edmon59 0]

Had something happen recently that I thought I'd share.

My wife and I were in the middle of the green card process when things went pretty sideways in our marraige....long story...

We were living in Puerto Rico and I moved away, she stayed there. A couple weeks ago she decided she wanted to return to Jamaica. We figured she would get hassled at the airport, trigger the 10 year overstay ban, etc.

Instead, she got on the plane, flew to Ft Lauderdale and then on to Montego Bay. Not one question, no stamps in her passport, no departure record, nothing.

It seems to me that she could conceivably go to the US embassy in Kingston and get another tourist visa ...if I went with her, that is... It seems impossible, but it happened.

-Ed

[payxibka 10,045]

Had something happen recently that I thought I'd share.

My wife and I were in the middle of the green card process when things went pretty sideways in our marraige....long story...

We were living in Puerto Rico and I moved away, she stayed there. A couple weeks ago she decided she wanted to return to Jamaica. We figured she would get hassled at the airport, trigger the 10 year overstay ban, etc.

Instead, she got on the plane, flew to Ft Lauderdale and then on to Montego Bay. Not one question, no stamps in her passport, no departure record, nothing.

It seems to me that she could conceivably go to the US embassy in Kingston and get another tourist visa ...if I went with her, that is... It seems impossible, but it happened.

-Ed

No one will be hassled on the way "out"... it is on the way "in" that problems could ensue.

PS Your being with her for a tourist visa interview is not an automatic approval.

[Bobby+Umit 161]

Concur with the above.

The "ban", if any, only kicks in upon return to the US.

So the GC wasn't finished? Did you pull it or let it die in process?

How long did she overstay?

All this will be brought up for a new visa at the embassy.

[w8inglongtime 29]

There is no such thing as being hassled on your way out. She should worry about coming back. Did she accrue any illegal stay? When leaving the country, you can almost hear them say "good riddance" these foreigners are going back to where they came from. Why would they stop and ask you questions which could make you change your mind and decide to stay

[edmon59 0]

There is no such thing as being hassled on your way out. She should worry about coming back. Did she accrue any illegal stay? When leaving the country, you can almost hear them say "good riddance" these foreigners are going back to where they came from. Why would they stop and ask you questions which could make you change your mind and decide to stay

[edmon59 0]

Ooops....

She went to the airport, showed her passport to the ticket agent and the security checkpoint person (TSA)and then she got on the plane to Florida. She could have walked out of the airport in Florida at any time during her 5 hr layover.

Also, most of the time at the SJ airport there are ICE officers in the jetway and they ask everyone boarding US bound flights about their citizenship. The question is "What country are you a citizen of?" Had these gents been there when she boarded they would have given her a warm time indeed.

The point I'm making is that there is no record of her departure/overstay.

She overstayed about 3 years. As to the embassy, I was with her the first time we got her a visa.....She never would have gotten it on her own, The embassy official ended up questioning me for like a 1/2 hr....we were living in Jamaica at the time, and she wanted to make sure it wasn't a greencard marraige, I guess.

-Ed

[LIFE'SJOURNEY 970]

Edmond, it looks as if you'll were just doing your AOS from your marriage in 2008. According to your timeline your wife has been out of status since 2008. With that being said, your wife will have a hard time getting a vistor visa, even if she tried. The only way your wife can entered back into the US, will be if you'll go back thru the CR1 petition process. Your staus on VJ says that you'll were in the AOS phase, what is the status of the AOS?

I will ask this question, how far into The AOS process had you'll gotten?

[Deputy Purple 1,294]

I've read a few threads here on VJ where a LPR abandoned their status without notifying DHS and they were "deported" in absentia. For reentry ban CBP doesn't have to prove when the foreigner left. In fact she is probably still accruing overstay as USCIS believes she's still in the US.

[LIFE'SJOURNEY 970]

Edmond, it looks as if you'll were just doing your AOS from your marriage in 2008. According to your timeline your wife has been out of status since 2008. With that being said, your wife will have a hard time getting a vistor visa, even if she tried. The only way your wife can entered back into the US, will be if you'll go back thru the CR1 petition process. Your staus on VJ says that you'll were in the AOS phase, what is the status of the AOS?

I will ask this question, how far into The AOS process had you'll gotten?

Note as to what happen at the airport-- there was no need for the ICE to be concern. Since she had never left the US territory from PR, to Florida that was okay. And yes, she could have left Fla and flew to NY, that would have been ok too. She was not trying to entry the US from outside of the US or US territories. I am not quite sure of the point you are trying to make.

[edmon59 0]

We were ready to file the I 485, but things were getting shaky marriage-wise so I held off.

I guess my point was that I assumed they would have physically said or done something like stamp her passport or something.

OK, it's coming clear now....

Thanks.

-Ed

[juliava 80]

It's the foreigner's obligation to return the I-94 to the authorities when it leaves US. It's the law. If that doesn't happen the person is screwed and most probably will never be able to come back.

[Bobby+Umit 161]

BTW - "Voluntary departure" will not erase any overstay.

She just avoided getting deported (in front of an IJ)

[edmon59 0]

BTW - "Voluntary departure" will not erase any overstay.

She just avoided getting deported (in front of an IJ)

Yes. The idea was to take the 10 year ban rather than getting caught and deported.

I actually have her I 94, Can I get it to her and have her take it to the embassy? I'm pretty sure I can't return it.......

Edited May 3, 2010 by edmon59

[Bobby+Umit 161]

Yes. The idea was to take the 10 year ban rather than getting caught and deported.

I actually have her I 94, Can I get it to her and have her take it to the embassy? I'm pretty sure I can't return it.......

CBP I-94