Legal Question in Immigration Law in California

Question about grant of voluntary departure

I want to know if a grant of voluntary departure will allow me to receive an immigration benefit in the future. I am being charged with marriage sham, but I want to fight this in court. If I beat the charges and request voluntary departure, does that mean that my record is cleared and that I can get an immigrant benefit in the future?


Asked on 6/03/09, 9:24 pm

2 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Question about grant of voluntary departure

No, that's not true necessarily, but it might be. Only you know whether you committed marriage fraud or not. If you did, don't bother trying to stay as you won't be able to prove your case in the future. Besides making you inadmissible and deportable, marriage sham is a felony punishable by $10,000 fine and five years in prison. If you lie about the character of your marriage, an added crime and basis of deportability could be added: for fraud.

If that's your situation, don't screw with the system as it will screw you back more than you realize. If your marriage was real, contact me or other competent counsel to represent you. You cannot successfully take care of this kind of case by yourself. The government will fight you all the way and you don't have the tools without a lawyer to defend yourself.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 6/07/09, 11:45 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Question about grant of voluntary departure

You really should consult an Immigration Attorney, because there are many ways to get residency, some of which you may already have. This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation

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Answered on 6/11/09, 1:48 pm


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