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Ketoneiv

Bringing husband after voluntary departure

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Posted (edited)

What are the chances i can bring my husband back to US after an arrest under Battery charges (no conviction on that case) and a Voluntary Departure? I'm a U.S citizen. He have a bech warrant for fail to appear in court because he was already in his home country.Its being 7 years since he went back to his country and i was wondering if there's any way i can bring him back.

Edited by Ketoneiv

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* Moved from Binging Family Members of USC to America to Waivers & AP forum *

 

What was the result of that arrest? Not guilty? Never charged? Charges dropped?

Immigration looks at the circumstances involved, not just a conviction of a crime.

This also applies for if the crime is a CIMT or not - battery may or may not be a CIMT depending on the circumstances.

 

The failure to appear may be considered a CIMT - again depending on the circumstances. But it should also fall under the petty offense exception, assuming the maximum penalty is under 1 year and there are no other CIMTs involved.

 

I suggest seeking a good immigration attorney for confirmation first. Criminal activities, especially with possible CIMTs involved, are one area where a lawyer can be quite helpful in the process.

If there is a CIMT involved and no petty offense exception applies, then an I-601 would be needed after the interview. This adds about another year and ~$1,000 fee to the process. A good lawyer is suggested to present a strong hardship case as well.

 

How long was he illegally in the US?

If it was at least 180 days, then there's a 3 or 10 year bar involved, also requiring an I-601 waiver.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 minutes ago, Ketoneiv said:

Thank you for the answer. His case was dissmised,he was illegally 5 years before the VD.

Thanks.

 

They may ask about it, but it shouldn't be a CIMT.

Assuming the failure to appear isn't an issue (I don't think it will be here), then the issue is the 10 year bar due to unlawful presence of 1 year or longer. This will require an I-601, as noted previously.

You should probably check in with an immigration lawyer who can help present a good waiver for when that time comes. Just note that this won't be needed until after the interview when he is otherwise deemed eligible for the visa.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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7 minutes ago, geowrian said:

Thanks.

 

They may ask about it, but it shouldn't be a CIMT.

Assuming the failure to appear isn't an issue (I don't think it will be here), then the issue is the 10 year bar due to unlawful presence of 1 year or longer. This will require an I-601, as noted previously.

You should probably check in with an immigration lawyer who can help present a good waiver for when that time comes. Just note that this won't be needed until after the interview when he is otherwise deemed eligible for the visa.

Thank you again. I will do that then.

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