Can my husband be legal if he stays with a voluntary departure? 3 Answers as of August 20, 2013

My husband was driving without a license, ICE had him on hold for a few days were released due to a medical condition he went through immigration process and was given a voluntary departure. We already filed an I-130 it is still pending since Aug 14, 2012. However, it’s not his first departure he was given another voluntary departure on 2009, and was back a few months later. If he stays from this departure is there something to be done to be able to be legal in this country while still being in the US. Or will it be best for him to leave, if he does leave will he be able to come back legal without any issues. We do have a child together, if that helps to know in somehow.

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Law Office of Sylvia Ontaneda-Bernales | Sylvia Ontaneda-Bernales
Voluntary departure is a special benefit. If an individual voluntarily departs within the time ordered by the court, he will not be barred from legally reentering in the future. By all means your husband should leave, as it appears the court has determined that he has no other legal recourse. If he doesn't depart, he will have gone against the court order and will be placed in removal proceedings this means he will be barred from entering the US for up to 10 years. You mention an I-130 petition, however. Are you a US citizen or LPR? If the answer is yes, you should consult with a good immigration attorney in person as soon as possible.
Answer Applies to: Maryland
Replied: 8/20/2013
Law Offices of N.J. SAEH PC | Noel J. Saleh
My best guess is that your husband needs to comply with the voluntary departure. But I strongly recommend that you consult with an immigration lawyer to review the file.
Answer Applies to: Michigan
Replied: 8/14/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
He must request reopening of his court case to apply for adjustment if the I-130 renders him eligible for it. However, you only have 90 days from the day of the order to file a motion to reopen. The VD order will turn into a removal order if the case is not reopened and he fails to depart. A removal order will bar him from adjusting. You should consult with an immigration attorney for an assessment of the case.
Answer Applies to: California
Replied: 8/13/2013
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