Voluntary departure and coming back to the US!!?

Question

my husband was in jail, immigration picked him and another guy up at a hotel when they were working he really didnt do anything, and he told the judge that he would do a voluntary departure, he is now back in mexico... before he went back we did already finish our I-130 and sent in the money... i will be sending them the papers as soon as i get them saying that he is now back in mexico... we are married and i am a US born citizen...

1. the question is what wavier does he have to do before he can come back to the US legally??

2. also which visa would be better for him to get and quicker, if our I-130 gets denied due to the voluntary departure or any other reasons?

3. is there any thing else we need to know or is there anything else we need do to help and speed up the process

Thank you for all HelpFul answers!!

Answer 1

Talk to an immigration lawyer.  If he indeed returned to Mexico under "Voluntary Departure" he is not barred from applying for a visa as others have suggested.

Answer 2

you should have applied for the waiver BEFORE he left.he is now banned for i think 10 years.

here is the link for that form

http://www.usimmigrationsupport.org/form...

i will also give you a link that i have found useful for the process of getting him legal.

http://immigrate2us.net/forum/showthread...

also talking with a lawyer about your options would be a good idea right now.

hope i have helped a little.

Answer 3

"He really didn't do anything...?"  Just immigration-law violations (felony), working without authorization (that's a crime, too), and did he use someone else's SSN or false/forged/stolen ID to get the job?  If so, that's more felonies.  In short, he is a career criminal with multiple crimes to his name.

So how long is he barred from re-entry?  There's no way he can return before that ban is up on any sort of visa.

You would be better off joining him in his country than trying to get him back into the US again.

Answer 4

If you were married- and you were a US citizen then, isn't he supposed to be a citizen/not allowed to be deported because you have proof of marriage?

I know very little about immigration laws-sorry to not be of better help.