Mr. Guzman plz help pronto...Voluntary Departure

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SNNYC

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Oct 18, 2004
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Hello all. I have been trying to get a response from Mr. Fabio Guzman on this situation. My fiancee entered the U.S. illegally (via Mexico). Was detained, fingerprinted, went to Immigration court, and offered a Voluntary Departure. I am trying to find out if they return to D.R. by the vol departure date and notify the U.S. consulate there that they have returned. How will the U.S. consulate base their decision to issue a fiancee visa to return to the U.S. with me. By complying with the voluntary departure agreement, it clears them to re-enter the U.S. with a visa, but I am concerned about will the U.S. consulate hold that against them or will they try to find other reasons to not let this person re-enter the U.S. legally.

ALL ANSWERS ARE APPRECIATED....PLZ HELP SOON....TIME IS RUNNING OUT...

THANKS..
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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U. S. immigration matters are governed by U.S. immigration law not by Dominican law. As a Dominican lawyer I do not know and cannot practice U.S. immigration law.

We are presently in conversation with an American immigration attorney who recently retired in the DR to join our firm as our U.S. immigration counsel.
 
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Kaizen68

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Aug 25, 2004
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SNNYC said:
Hello all. I have been trying to get a response from Mr. Fabio Guzman on this situation. My fiancee entered the U.S. illegally (via Mexico). Was detained, fingerprinted, went to Immigration court, and offered a Voluntary Departure. I am trying to find out if they return to D.R. by the vol departure date and notify the U.S. consulate there that they have returned. How will the U.S. consulate base their decision to issue a fiancee visa to return to the U.S. with me. By complying with the voluntary departure agreement, it clears them to re-enter the U.S. with a visa, but I am concerned about will the U.S. consulate hold that against them or will they try to find other reasons to not let this person re-enter the U.S. legally.

ALL ANSWERS ARE APPRECIATED....PLZ HELP SOON....TIME IS RUNNING OUT...

THANKS..
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Usually voluntary or not, you are barred for a minimum of 5 years; lots of times folks are intimidated to submitting a "voluntary withdrawal of application to enter the US"; this makes it easier for the INS inspector to deport rather then hold at a detention center until an immingration judge is seen, (it's cheaper to deport than to hold in custody )and the person cooperates with INS by admitting their guilt, a stament is taken by the INS inspector etc. INS will take all these things into consideration when re-applying for a visa, be it a student visa, fiancee visa so forth. Only thing I can suggest, is do not be discouraged...! perhaps you get an INS official who is in the holiday spirits...!
 
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SNNYC

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Oct 18, 2004
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Fabio J. Guzman said:
U. S. immigration matters are governed by U.S. immigration law not by Dominican law. As a Dominican lawyer I do not know and cannot practice U.S. immigration law.

We are presently in conversation with an American immigration attorney who recently retired in the DR to join our firm as our U.S. immigration counsel.
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Mr. Guzman, thank you for your reply. Do you think if I could get in touch with someone at the U.S. Consulate office in D.R. that they could give me this information. I have tried to call several numbers but no one ever answers the phone. Do you have any advise of who to contact that may have an answer for me.

Good luck on getting the counsel from the U.S.

Thanks again!!!
 
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SNNYC

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Oct 18, 2004
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Kaizen68 said:
Usually voluntary or not, you are barred for a minimum of 5 years; lots of times folks are intimidated to submitting a "voluntary withdrawal of application to enter the US"; this makes it easier for the INS inspector to deport rather then hold at a detention center until an immingration judge is seen, (it's cheaper to deport than to hold in custody )and the person cooperates with INS by admitting their guilt, a stament is taken by the INS inspector etc. INS will take all these things into consideration when re-applying for a visa, be it a student visa, fiancee visa so forth. Only thing I can suggest, is do not be discouraged...! perhaps you get an INS official who is in the holiday spirits...!
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Thanks for you reply Kaizen68. According the Immigration law, when a person accepts and complys with a "voluntary departure", they are allowed
to enter in the U.S. again with a valid visa. However the law does not give any information on if there is a waiting period to apply or if the U.S. Consulate office will take it personally because a person entered into the U.S. illegally. From my understanding of the facts I have read from Immigration, accepting the vol. depart. is kind of like a pardon. I have spoken to an immigration lawyer here in the U.S. but they stated that they don't know how the U.S. Consulate will decide on granting the visa.

Thanks again for your response!!
 
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Kaizen68

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Aug 25, 2004
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SNNYC said:
Thanks for you reply Kaizen68. According the Immigration law, when a person accepts and complys with a "voluntary departure", they are allowed
to enter in the U.S. again with a valid visa. However the law does not give any information on if there is a waiting period to apply or if the U.S. Consulate office will take it personally because a person entered into the U.S. illegally. From my understanding of the facts I have read from Immigration, accepting the vol. depart. is kind of like a pardon. I have spoken to an immigration lawyer here in the U.S. but they stated that they don't know how the U.S. Consulate will decide on granting the visa.

Thanks again for your response!!
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You are permitted to apply for a visa to re-enter the US inmediately after returning to the DR, however, the consulate will take this prior deportation (voluntary or not) into consideration when making a decision on allowing this person admittance to the states. I don't mean to discourage you, I work with these folks day in and out at a major International location.

Good Luck...! ;)
 
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ricktoronto

Grande Pollo en Boca Chica
Jan 9, 2002
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Kaizen68 said:
You are permitted to apply for a visa to re-enter the US inmediately after returning to the DR, however, the consulate will take this prior deportation (voluntary or not) into consideration when making a decision on allowing this person admittance to the states. I don't mean to discourage you, I work with these folks day in and out at a major International location.

Good Luck...! ;)
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One would have to think "Fat Chance" would summarize the odds of the successful issuance of future tourist or any other kind of visas with the US attitude of late to border control issues.
 
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SNNYC

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Oct 18, 2004
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Vol. Depart.

Kaizen68 said:
You are permitted to apply for a visa to re-enter the US inmediately after returning to the DR, however, the consulate will take this prior deportation (voluntary or not) into consideration when making a decision on allowing this person admittance to the states. I don't mean to discourage you, I work with these folks day in and out at a major International location.

Good Luck...! ;)
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Kaizen68,
Thanks for the good luck wish. We are going to need it. The voluntary departure is supposed to much better than the voluntary departure. According to the legal services here in the U.S. there is no problem on the U.S. side. You say the U.S. Consulate in D.R. takes that into consideration. What do they base their decision on? This person has a clean record, university grad in D.R., never in trouble before, worked and is a person of good character. The only thing they did wrong was to enter the U.S. illegally. Would the consulate take all of that in consideration or not? I am planning to do fiancee visa petition once they return. Do you know of anyone in D.R. that could help us with this situation once they have returned?
 
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SNNYC

New member
Oct 18, 2004
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0
ricktoronto said:
One would have to think "Fat Chance" would summarize the odds of the successful issuance of future tourist or any other kind of visas with the US attitude of late to border control issues.
Click to expand...



Thanks Ricktoronto. Going to need the good luck wish for sure!!!!
 
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