I-140 Approved after voluntary departure

[Nikki01 0]

Hello, up to some months ago, I was on removal proceedings because my asylum case was referred to an immigration judge. Having no money to pay for more lawyers, and after unsuccessfully knocking doors for probono attorneys, I decided to ask for voluntary departure during my first master calendar hearing, which was granted. Now (2 months later) my I-140 just got approved and my employer says I will be scheduled anytime soon for a consular processing interview since the bulletin for B-2 workers is current. I was never in unlawful presence in the U.S. and never worked without an Employment Authorization Card. I'm scared the voluntary departure might affect the interviewers opinion! What do you think? Help!

[USS_Voyager 1,971]

31 minutes ago, Nikki01 said:

Hello, up to some months ago, I was on removal proceedings because my asylum case was referred to an immigration judge. Having no money to pay for more lawyers, and after unsuccessfully knocking doors for probono attorneys, I decided to ask for voluntary departure during my first master calendar hearing, which was granted. Now (2 months later) my I-140 just got approved and my employer says I will be scheduled anytime soon for a consular processing interview since the bulletin for B-2 workers is current. I was never in unlawful presence in the U.S. and never worked without an Employment Authorization Card. I'm scared the voluntary departure might affect the interviewers opinion! What do you think? Help!

 Need more information. 

 

1) The voluntary departure does not create a re-entry ban like the removal order. However, how did you know you were never in unlawful presence? How did you originally enter the US and how long did you remain in the US? Because you might be subjected to a different ground of inadmissibility than the removal order.

 

2) I’ve never heard of a B-2 worker. There is EB-2 category. Is your I-140 under EB-2? What is the country of chargability? 

[Nikki01 0]

5 hours ago, USS_Voyager said:

 Need more information. 

 

1) The voluntary departure does not create a re-entry ban like the removal order. However, how did you know you were never in unlawful presence? How did you originally enter the US and how long did you remain in the US? Because you might be subjected to a different ground of inadmissibility than the removal order.

 

2) I’ve never heard of a B-2 worker. There is EB-2 category. Is your I-140 under EB-2? What is the country of chargability? 

Thank you for your answer.

 

1. I entered on a tourist visa and filed for asylum within the first 2 months. And remained in the US for 20 months.

 

2. It's the EB-2 category. My country is Honduras. 

 

Thank you for your help.

[USS_Voyager 1,971]

Ok so you came legally on a tourist visa, you applied for asylum, which allowed you to stay. Then they denied your asylum application? Then you voluntarily depart?

 

None of that created any ban. If anything, the voluntary departure makes you look good, because you tried to do everything by the laws ans not overstay.

[geowrian 22,335]

Just to clarify, the asylum claim was denied but was not deemed frivolous, right? If that's correct, then I think you should be fine.