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    yvondalopez's Avatar
    yvondalopez Posts: 2, Reputation: 1
    New Member
     
    #1

    Oct 3, 2010, 10:52 AM
    Departure under a alias
    My husband got a voluntary departure when stopped by ice they took the id he had which was not his name he tried to tell them they did not care I am a us citizen what can I do to get him back and how long will it take he has been in the us a long time does not even remember his country
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Oct 3, 2010, 11:29 AM

    He can after he returns to his country, apply for a visa to come back to the US. YOu can hire a good immigration attorney.

    Also carry and using a fake ID is also a crime in the US, so you don't want him arrested with a record in the US, that wouiild make coming back even harder
    yvondalopez's Avatar
    yvondalopez Posts: 2, Reputation: 1
    New Member
     
    #3

    Oct 3, 2010, 12:28 PM
    He was returned and fingerprinted under another name so without having to get a lawyer what is the best route just do his paperwork under the correct name or when I do the paperwork send a separate explaining the details he did not have any kind of proceedings but was taken to a jail for two weeks then dropped off at the border that was not his bith country either will he be banned he has never gotten into any sort of trouble
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
     
    #4

    Oct 3, 2010, 12:38 PM

    Since you are married, have you filed the I-130 relative petition? After that is approved, he will file for an immigrant visa at his home consulate, but will need a waiver for the immigration violations. Each consulate has different procedures, but usually, you apply for the IV, the CONOFF determines he is not eligible because of the immigration violations, requests the waiver, you present the packet and it is reviewed by the CONOFF, then the IV Chief, then sent to the Admissibility Review Office (ARO) in Washington DC for a final determination.

    To qualify for a waiver, he will need to prove up the extreme and unusual hardship to a qualifying USC relative, in this case, you as his spouse. The most common hardship waivers are approved because of severe medical conditions you have. Other factors are financial, if you have children enrolled in school, other USC relatives you care for, the country conditions in his home country, your ability to adapt and work in his home country, etc.

    You should consult with an experienced immigration attorney and he/she will likely refer you to an experienced psychiatrist/psychologist that can prepare a professional assessment regarding the emotional/mental hardship

    With his fingerprints, the USCIS and CBP will be able to see if he has any other immigration violations. Don't lie about anything.

    These cases are very fact-specific, so not easy, even for experienced practitioners, check with AILA or your state bar for a reference. Good luck.

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