voluntary departure please help

SNNYC

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Oct 18, 2004
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THIS POSTING IS FOR ANYONE THAT CAN HELP. I WOULD LOVE TO HEAR A RESPONSE FROM FABIO GUZMAN. MY FIANCEE IS CURRENTLY IN THE U.S. ILLEGALLY FROM DOMINICAN REPUBLIC (detained entering via Mexico-US border), BUT HAS BEEN OFFERED A VOLUNTARY DEPARTURE AND HAS COMPLIED WITH IT. I AM FILING A FIANCEE PETITION IMMEDIATELY. MY QUESTION IS " HOW WILL THE US CONSULAR IN DOM. REP. DECIDE ON GRANTING A VISA BASED ON THE ILLEGAL ENTRY INTO THE US. THERE ARE NO OTHER PRIOR INCIDENTS WITH THE LAW OTHER THAN THIS. I AM FINANCIALLY STABLE TO SUPPORT MY FIANCEE IN THE U.S. MY ONLY CONCERN IS HOW THE US CONSULAR WILL DECIDE...ANYONE WITH A PREVIOUS EXPERIENCE OR LEGAL KNOWLEDGE OF THIS PLEASE HELP.
 

gjsuk

Member
Apr 7, 2003
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A voluntary departure is just that.....voluntary.

There will be no restriction on future visa applications.

However a record of the voluntary depature will be kept on Big Brothers system at Port of Entry and whilst should not cause any problems at any consul/embassy when applying for the fiancee visa do expect "secondary inspection" when entering the US for a while.
 

SNNYC

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Oct 18, 2004
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gjsuk,
Thanks a million for the response. That is the first half good news I have heard in this situation. What do u mean by a "secondary inspection"? At the consulate or at the port of entry into the US?
 

luisp20

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Sep 26, 2004
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Voluntary Deaprture

After the Patrot Act was enacted everything changed. My wife is Mexican and came to the US as a visitor, stayed over and we got married. I went through hell triying to get her residence status because she was "illegally in the country". After while and with some help from Army lawyers we got everything straight. That was 15 years ago.

I heard a fiancee visa will take a couple of years, during that time she cannot enter the US legally, afterward if she is granted this visa, and is allowed to enter the Us, it will take at lesat another year to get temporary resident status (during that time she cannot come to DR or leave the US).

The illegall status will be looked into, but I don't think should preclude her from getting a legal status.

If I were you I find a good Immigration Lawyer in the US and let him handle it. It has become a very complicated process, since Sept 11.

Hope I didn't confuse you more and good luck to you.

Luisp20
 

gjsuk

Member
Apr 7, 2003
172
4
18
SNNYC said:
gjsuk,
Thanks a million for the response. That is the first half good news I have heard in this situation. What do u mean by a "secondary inspection"? At the consulate or at the port of entry into the US?

Do a google search for voluntary depature and you will find a lot of info that should set your mind at rest.

also check out the US state dept website and read what that says about visas

secondary inspection is where the immigration guy you first see on arrival at a US port of entry refers you to a back room for a more thorough check - maybe a couple of questions- without delaying the other people waiying to pass through immigration

the consulate most likely will have NO record of the voluntary depature
 

SNNYC

New member
Oct 18, 2004
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voluntary departure

luisp20 said:
After the Patrot Act was enacted everything changed. My wife is Mexican and came to the US as a visitor, stayed over and we got married. I went through hell triying to get her residence status because she was "illegally in the country". After while and with some help from Army lawyers we got everything straight. That was 15 years ago.

I heard a fiancee visa will take a couple of years, during that time she cannot enter the US legally, afterward if she is granted this visa, and is allowed to enter the Us, it will take at lesat another year to get temporary resident status (during that time she cannot come to DR or leave the US).

The illegall status will be looked into, but I don't think should preclude her from getting a legal status.

If I were you I find a good Immigration Lawyer in the US and let him handle it. It has become a very complicated process, since Sept 11.

Hope I didn't confuse you more and good luck to you.

Luisp20


Thanks for the good luck wish. I am really going to need it. I have contacted several immigration lawyers and the answers vary. Some have said that there will be no problem with the US consulate in DR issuing a visa to return because the voluntary departure was done. Another one said that it will be taken in consideration they were not sure if it would affect their decision or not. It's a scary thing. It's like making a draw where you only get one chance. They all did tell me that the fiancee visa could be completed in about 6 months if there wasnt any problems due to the voluntary departure.

Thanks again for your info...
 

SNNYC

New member
Oct 18, 2004
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0
voluntary departure

gjsuk said:
Do a google search for voluntary depature and you will find a lot of info that should set your mind at rest.

also check out the US state dept website and read what that says about visas

secondary inspection is where the immigration guy you first see on arrival at a US port of entry refers you to a back room for a more thorough check - maybe a couple of questions- without delaying the other people waiying to pass through immigration

the consulate most likely will have NO record of the voluntary depature


Thanks again for responding. I have obtained alot of info on voluntary departures. According to the info I gathered and the law, everything is ok to return to the US. The thing that is making me weary is the stories I have heard about the US consular in DR. I have heard that they are very very tough and many decisions are based on who and how much u can pay someone.
 

SalsaBlondie

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Aug 28, 2003
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SNNYC said:
Thanks again for responding. I have obtained alot of info on voluntary departures. According to the info I gathered and the law, everything is ok to return to the US. The thing that is making me weary is the stories I have heard about the US consular in DR. I have heard that they are very very tough and many decisions are based on who and how much u can pay someone.

i know a lot of people, who did not know anyone or pay anyone, and made it through ok.
 

SNNYC

New member
Oct 18, 2004
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Salsablondie,
The People That You Are Speaking Of, Do You Know Of Any Of Them That Had Entered The U.s. Illegally And Accepted A Voluntary Departure To Return Back To That Country? From All Of My Research, That Is The Issue That Concerns Me The Most.

Thnx
 

SalsaBlondie

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Aug 28, 2003
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SNNYC said:
Salsablondie,
The People That You Are Speaking Of, Do You Know Of Any Of Them That Had Entered The U.s. Illegally And Accepted A Voluntary Departure To Return Back To That Country? From All Of My Research, That Is The Issue That Concerns Me The Most.

Thnx

no. my experience is not THAT widespread. but i am sure you are not the first person that has this problem.. i'd consult an immigration lawyer if i were you to get a professional opinion. also.. if your case gets assigned to an american, which i hear some K-1s are, i guess bribes may not help much. best of luck.
 

Kaizen68

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Aug 25, 2004
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gjsuk said:
A voluntary departure is just that.....voluntary.

There will be no restriction on future visa applications.

However a record of the voluntary depature will be kept on Big Brothers system at Port of Entry and whilst should not cause any problems at any consul/embassy when applying for the fiancee visa do expect "secondary inspection" when entering the US for a while.
One thing is certain, INS will band for a minimum of 5 years (at times 10yrs) for illegal entry into the US. Usually if she cooperates with the interview, they ban for 5yrs and "allow" to "withdraw" application request to enter the US. I hope your in for the long haul (and I do hope I'm wrong) but a fiancee visa will probably be hard to obtain when the Department of States asks "have you applied for a visa previously?", when?, where? were you denied? why? keep in mind, any wrong answers, or it's determined you're fibbing, you can kiss it goodbye...
 

SNNYC

New member
Oct 18, 2004
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Vol. Depart.

Kaizen68 said:
One thing is certain, INS will band for a minimum of 5 years (at times 10yrs) for illegal entry into the US. Usually if she cooperates with the interview, they ban for 5yrs and "allow" to "withdraw" application request to enter the US. I hope your in for the long haul (and I do hope I'm wrong) but a fiancee visa will probably be hard to obtain when the Department of States asks "have you applied for a visa previously?", when?, where? were you denied? why? keep in mind, any wrong answers, or it's determined you're fibbing, you can kiss it goodbye...


THNX...FROM THE INFO I HAVE GATHERED. INS IN THE U.S. ISN'T A PROBLEM. ADHERING TO THE VOLUNTARY DEPARTURE GIVES THE PERSON THE RIGHT TO ENTER AGAIN INTO THE U.S. (WITH A VISA OF COURSE). IT'S KIND OF LIKE A PARDON FROM THE U.S. IF YOU MAKE ARRANGEMENTS AND PAY FOR YOUR WAY BACK TO YOUR COUNTRY. SO THE ISSUE I AM CONCERNED WITH AND I CANT REALLY GET A DEFINITELY ANSWER FOR IS HOW WILL THE U.S. CONSULATE IN DOM. REP. TAKE INTO CONSIDERATION THE THE PERSON HAS ENTERED INTO THE U.S. PREVIOUSLY ILLEGAL, BUT ACCEPTED A VOLUNTARY DEPARTURE TO RETURN TO D.R.
 

simpson Homer

Bronze
Nov 14, 2003
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Some thing that I heard last year was about a pardon Law some thing like that. Because a guy from the same place I used to live was deported from USA. He was living with legal status but for some reason he was deported was the first time that I heard some body talk about Pardon concerning to Immigration. He said that he had to wait a few years in the Dominican Rep. and apply for a pardon.

Good luck!

SNNYC said:
THNX...FROM THE INFO I HAVE GATHERED. INS IN THE U.S. ISN'T A PROBLEM. ADHERING TO THE VOLUNTARY DEPARTURE GIVES THE PERSON THE RIGHT TO ENTER AGAIN INTO THE U.S. (WITH A VISA OF COURSE). IT'S KIND OF LIKE A PARDON FROM THE U.S. IF YOU MAKE ARRANGEMENTS AND PAY FOR YOUR WAY BACK TO YOUR COUNTRY. SO THE ISSUE I AM CONCERNED WITH AND I CANT REALLY GET A DEFINITELY ANSWER FOR IS HOW WILL THE U.S. CONSULATE IN DOM. REP. TAKE INTO CONSIDERATION THE THE PERSON HAS ENTERED INTO THE U.S. PREVIOUSLY ILLEGAL, BUT ACCEPTED A VOLUNTARY DEPARTURE TO RETURN TO D.R.
 

SNNYC

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Oct 18, 2004
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Vol. Departure

A Deportation And A Voluntary Departure Has Different Results. A Voluntary Departure Is Like A Pardon From The U.s. Its Newly Implemented To Reduce The Cost Of The U.s. Govt To Deport People Back To Their Countries. If You Get A Deportation, That Is Against Your Will, But The Vol. Depart. Is Voluntary And You Do Everything Yourself. You Just Have To Notify The Us Consular In D.r. That You Have Arrived Back Into The Country. After That, They Notify The U.s. That You Have Returned And Then You Are Eligible To Enter The U.s. Again With An Appropriate Qualifying Visa.