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Thread: Voluntary Departure

  1. #1
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    Default Voluntary Departure

    Is there ever a chance that my Thai friend can reenter the USA
    after a voluntary departure? What about fiance(e) visa? Marriage?
    He was an overstay of 1 year 7 months. Other than the overstay, committed
    no crime. I have my rose colored glasses on....don't I?? Thanks for any
    and all opinions, comments and feelings on this matter.

  2. #2
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    Default Voluntary Departure

    kikuyu wrote:
    Is there ever a chance that my Thai friend can reenter the USA after a voluntary departure? What about fiance(e) visa? Marriage? He was an overstay of 1 year 7 months. Other than the overstay, committed no crime. I have my rose colored glasses on....don't I?? Thanks for any and all opinions, comments and feelings on this matter.
    I believe he'd be able to return after the 10 year ban expires.
    --
    I'm not a complete idiot, some parts are missing!

  3. #3
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    Default Voluntary Departure

    kikuyu wrote:
    Is there ever a chance that my Thai friend can reenter the USA after a voluntary departure? What about fiance(e) visa? Marriage? He was an overstay of 1 year 7 months. Other than the overstay, committed no crime. I have my rose colored glasses on....don't I?? Thanks for any and all opinions, comments and feelings on this matter.
    I believe he'd be able to return after the 10 year ban expires.
    --
    I'm not a complete idiot, some parts are missing!

  4. #4
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    Default Voluntary Departure


    Originally posted by Kikuyu
    Is there ever a chance that
    my Thai friend can reenter the USA
    after a voluntary departure? What
    about fiance(e) visa? Marriage?
    He was an overstay of 1 year 7
    months. Other than the overstay, committed
    no crime. I have my rose
    colored glasses on....don't I?? Thanks for any
    and all opinions,
    comments and feelings on this matter.


    Hi there

    Your
    friend's fiancee (if he has one) can apply for K1 or K3 but he will need
    a waiver (I-601) at the time of the interview. An immigration attorney
    to file his I-601 is needed.
    As for the K1 & K3 he and his fiance could
    apply for it.
    http://www.visajourney.com/faq/k1faq.htm

    http://uscis.gov/graphics/howdoi/fiance.htm

    http://uscis.gov/graphics/howdoi/spouselive.htm
    Good
    Luck!!


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  5. #5
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    Default Voluntary Departure


    Originally posted by Kikuyu
    Is there ever a chance that
    my Thai friend can reenter the USA
    after a voluntary departure? What
    about fiance(e) visa? Marriage?
    He was an overstay of 1 year 7
    months. Other than the overstay, committed
    no crime. I have my rose
    colored glasses on....don't I?? Thanks for any
    and all opinions,
    comments and feelings on this matter.


    Hi there

    Your
    friend's fiancee (if he has one) can apply for K1 or K3 but he will need
    a waiver (I-601) at the time of the interview. An immigration attorney
    to file his I-601 is needed.
    As for the K1 & K3 he and his fiance could
    apply for it.
    http://www.visajourney.com/faq/k1faq.htm

    http://uscis.gov/graphics/howdoi/fiance.htm

    http://uscis.gov/graphics/howdoi/spouselive.htm
    Good
    Luck!!


    --
    Posted via http://britishexpats.com

  6. #6
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    Default Voluntary Departure


    If you are deported from the US you have a ten year ban from entering
    the US. A VR is pretty simple there is no ban from entering the US. It
    is not the same as a formal deportation,

    You might not have to file an
    I 601 waiver either. Your friend should stand a decent chance at getting
    that type of visa.
    Originally posted by Kikuyu
    Is there
    ever a chance that my Thai friend can reenter the USA
    after a
    voluntary departure? What about fiance(e) visa? Marriage?
    He was an
    overstay of 1 year 7 months. Other than the overstay, committed
    no
    crime. I have my rose colored glasses on....don't I?? Thanks for any

    and all opinions, comments and feelings on this matter.


    --
    Posted via http://britishexpats.com

  7. #7
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    Default Voluntary Departure


    If you are deported from the US you have a ten year ban from entering
    the US. A VR is pretty simple there is no ban from entering the US. It
    is not the same as a formal deportation,

    You might not have to file an
    I 601 waiver either. Your friend should stand a decent chance at getting
    that type of visa.
    Originally posted by Kikuyu
    Is there
    ever a chance that my Thai friend can reenter the USA
    after a
    voluntary departure? What about fiance(e) visa? Marriage?
    He was an
    overstay of 1 year 7 months. Other than the overstay, committed
    no
    crime. I have my rose colored glasses on....don't I?? Thanks for any

    and all opinions, comments and feelings on this matter.


    --
    Posted via http://britishexpats.com

  8. #8
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    Default Voluntary Departure

    If we he "asked" to voluntrary depart, wouldn't it still count against him
    when they filed the petition (early in the morning, not all the neurons
    firing yet). If I'm not mistaken, there is no ban, but it "looks bad" when
    you apply/go for the interview at teh end of the process.


    --
    Toby "AlphaTrion" Woods
    ~~~~~~~~~~~~~~~~~~~~
    "...just so we're reminded of the ones who are held back, Up front there
    ought 'a be a Man In Black" - Johnny Cash (1932-2003)
    ~~~~~~~~~~~~~~~~~~~~
    http://www.tobyjwoods.cjb.net - My Website (May 5, 2004)
    http://aplhatriontjw.blogspot.com/ - My Blog



  9. #9
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    Default Voluntary Departure

    If we he "asked" to voluntrary depart, wouldn't it still count against him
    when they filed the petition (early in the morning, not all the neurons
    firing yet). If I'm not mistaken, there is no ban, but it "looks bad" when
    you apply/go for the interview at teh end of the process.


    --
    Toby "AlphaTrion" Woods
    ~~~~~~~~~~~~~~~~~~~~
    "...just so we're reminded of the ones who are held back, Up front there
    ought 'a be a Man In Black" - Johnny Cash (1932-2003)
    ~~~~~~~~~~~~~~~~~~~~
    http://www.tobyjwoods.cjb.net - My Website (May 5, 2004)
    http://aplhatriontjw.blogspot.com/ - My Blog



  10. #10
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    Default Voluntary Departure

    AlphaTrion-TJW wrote:
    If we he "asked" to voluntrary depart, wouldn't it still count against him when they filed the petition (early in the morning, not all the neurons firing yet). If I'm not mistaken, there is no ban, but it "looks bad" when you apply/go for the interview at teh end of the process.
    I don't believe being asked to voluntarily depart removes any sort of
    liability for the crime you committed. IOW I think the ban it still
    there. The difference is that with voluntary departure you are asked to
    leave and expected to do so by a certain date (as opposed to being
    physically thrown out of the country pronto).
    --
    Indecision is the key to flexibility.

  11. #11
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    Default Voluntary Departure

    AlphaTrion-TJW wrote:
    If we he "asked" to voluntrary depart, wouldn't it still count against him when they filed the petition (early in the morning, not all the neurons firing yet). If I'm not mistaken, there is no ban, but it "looks bad" when you apply/go for the interview at teh end of the process.
    I don't believe being asked to voluntarily depart removes any sort of
    liability for the crime you committed. IOW I think the ban it still
    there. The difference is that with voluntary departure you are asked to
    leave and expected to do so by a certain date (as opposed to being
    physically thrown out of the country pronto).
    --
    Indecision is the key to flexibility.

  12. #12
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    Default Voluntary Departure


    When I was denied entry on October 2002, It was classified as "Voluntary
    departure" Vs "Removal proceedings" since I was denied under the VWP.
    If
    he gets a waiver for the overstay by the time he goes for his
    interview.. he should be fine, shouldn't he?
    He wasn't under removal
    proceedings since his was a voluntary departure.
    Correct me someone I am
    wrong..



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  13. #13
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    Default Voluntary Departure


    When I was denied entry on October 2002, It was classified as "Voluntary
    departure" Vs "Removal proceedings" since I was denied under the VWP.
    If
    he gets a waiver for the overstay by the time he goes for his
    interview.. he should be fine, shouldn't he?
    He wasn't under removal
    proceedings since his was a voluntary departure.
    Correct me someone I am
    wrong..



    --
    Posted via http://britishexpats.com

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