Can I help my fiancee get a visa even if he has a voluntary departure? 1 Answers as of June 13, 2011We were entering Mexico because I was going to meet his family for the first time and immigration detained him there right before entering. He was detained for a few days being taken from facility to facility and finally was released in Ciudad Acuña, Mexico. He signed the voluntary departure but did not receive any paperwork when he was released he was just told that he was released with a voluntary departure and that he could apply to get a visa and not have any problems. I want to know if that is true and how long it will take me to get his visa. Or will it be faster if we get married and I petition for him as my husband?
Pacifica Legal Services | Floyd Fernandez
What will be needed is to first petition for him as your husband in a Petition for Alien Relative. The good news is that with him complying with voluntary departure he is able to apply immediately for legal residency without delay, once your petition for alien relative is approved. The voluntary departure provision should suspend the 10-year ban that would come normally from attempting to re-enter the country after coming into the USA illegally, then leaving and attempting to re-enter. If you want the help of an attorney (which you will need), please feel free to call or e-mail to set an appointment for a consultation.
Answer Applies to: California