Need help

[Vinnie1 0]

Hello there ,

 I am in removing procedure I have my master calendar date on may 2017. And I m getting married this week to US citizens and will be filling my I -130 . But I have some emergency back in my county (India ) so I have to leave asap . So I would be taking volunteer departure . My attorney told me he can file things accordingly and probably I ll need a waiver to come back to USA as I was detained and released on bond . 

So does anyone no what will be the time frame to come back to USA ?

how tough it will be ?

what are the consequences do I have to face ?

please guide me with any information you have 

thanks 

[Unlockable 7,306]

It will be a while before you will be back in the US, if at all depending on the reason you were in removal proceedings. Waivers will be involved. It is a lengthy and expensive process.

 

You will find similar cases on immigrate2us.net.

Edited January 16, 2017 by NuestraUnion

[geowrian 22,335]

As noted, it depends on your particular circumstances as to why you are in removal procedures. If it is because you are currently out of status, leaving will likely incur a bar upon departure. You will need a new visa and a waiver to overcome this. If you are in status when you depart the US (i.e. if you file AOS after your marriage and your circumstances permit you to file AOS), then you likely won't incur a bar (again, we don't know all of your circumstances so can't say for sure).

 

If you only overstayed a visa, then leaving while in status (and before obtaining AP) will not incur a bar. Your AOS will be abandoned upon departure, and you will need a new visa to enter the US. Note that this is all without taking into account the particular reason for your removal - some causes may have their own bar or require other waivers or otherwise be a reason for USCIS or a CO to deny future visa attempts.

 

Either way, getting a new visa will not be a quick or easy process - and it may take years and an attorney. Good luck.

[Vinnie1 0]

Thank u for the reply .I Was detained for over stay and released on bond .while my F1 was pending . It took 2 years for USCIS to denied my visa and then I got the court date of May 2017 . So what do you guys think about me taking volunteer departure but before that marrying US citizen and filling I130 . I know I would need a waiver . But does any one can tell me about the time frame to return back in USA? My attorney told me proabaly 1 year to 2 .

[Ontarkie 13,898]

~~Similar thread Merged. Please keep all related questions to this one thread. ~~

[Transborderwife 4,666]

18 minutes ago, Vinnie1 said:

Thank u for the reply .I Was detained for over stay and released on bond .while my F1 was pending . It took 2 years for USCIS to denied my visa and then I got the court date of May 2017 . So what do you guys think about me taking volunteer departure but before that marrying US citizen and filling I130 . I know I would need a waiver . But does any one can tell me about the time frame to return back in USA? My attorney told me proabaly 1 year to 2 .

Why were you detained?  Why on earth would you apply for an f1 out of status?

 

its not going to be as easy as you seem to think.  The USC needs to show extreme hardship as to why you need to return.

[sparkles_ 456]

Please read my signature. We are two years in a removal and termination of removal and it is 2 years plus so far and we married BEFORE removal began which apparently makes it easier.....I can't imagine what a hardship waiver would be taking, probably more than 2 unless you have a compelling hardship like spouse has a terminal illness or special needs child in America. This is if you don't face a lifetime ban, you can google why these happen.

 

It is May, 4mo away. You really need to just stay, because nothing in India short of one of your parents passing is worth leaving now and starting the sh*tstorm of waivers and bans and such. Not only will it take a good while but it will cost the price of a new car in legal fees, basically. I'm not joking about that one. 

 

You're making it so you interview, a stokes interview, for the i130 apart from your spouse which already is risky. You WILL interview for that i130 that was filed because you married in removal and that is a rough ride sometimes. I could go on and on.....