filing I-130 after voluntary departure

[dollyhouse 0]

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?

[Boiler 43,397]

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?

[aleful 1,905]

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

[Boiler 43,397]

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

[dollyhouse 0]

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.

[Boiler 43,397]

Why was she given VD?

[dollyhouse 0]

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?

[Boiler 43,397]

Legal permanent resident

Was the asylum claim deemed frivolous?

How long was she out of status?

[dollyhouse 0]

Legal permanent resident

Was the asylum claim deemed frivolous?

How long was she out of status?

It was denied based on insufficient credible evidence to support her claim for asylum.

She was out of status for 9 months prior to filing the asylum.

[Boiler 43,397]

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 April 11, 2015 by Boiler