Can I help someone get a visa if I am a naturalized citizen? 6 Answers as of February 27, 2011

I recently got my naturalization under the 3 years with a us citizen holding my green card. I am divorcing now and I want to marry this guy that had voluntary departure a year ago after being in the country for 6 with no visa. Can he get any benefit through me?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The unfortunate answer is no. He violated an order by an immigration court allowing him to voluntarily depart. Once he does so, he is immediately ineligible for any immigration benefit for 10 years or more. You may marry him, and you can petition for him, but he will be likely denied adjustment of status.
Answer Applies to: California
Replied: 2/27/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes a naturalized citizen is just like a U.S. citizen who was born in the U.S. You may petition your new spouse for permanent residency. Hope fully he is still overseas and has not entered the U.S again. You will require a waiver and this will need to be prepared carefully and completely to show hardship to U.S. citizen spouse in addition to the usual paperwork showing you have a good faith marriage.
Answer Applies to: California
Replied: 2/27/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
As a U.S. citzien you are eligible to petition for your soon to be second husband; there is no law stopping you from doing that - but of course the marriage must be bona fide. However, eventhough he took voluntary departure and thus did not get a final order of removal, he will still need a waiver to overcome his previous unlawful presence in the U.S.
Answer Applies to: Florida
Replied: 2/27/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Assuming "this guy" is subject to the 10 year bar, the answer must be no (in my opinion).
Answer Applies to: Virginia
Replied: 2/27/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Yes, you can. However, you need to bear the burden to prove your marriage is entered in good faith. As far as how to prove a good faith marriage to satisfy immigration law's requirements, you are advised to call a lawyer. You are welcome to contact us for assistance. Good luck!
Answer Applies to: Florida
Replied: 2/27/2011
Click to View More Answers: