Legal Question in Immigration Law in Texas

Voluntary Departure and Marriage to US citizen

Can a person seek for Adjustment of Status, in the US, if he marries a US Citizen even though he is on voluntary departure? The marriage is legit and the parties involved have known each other for a while


Asked on 5/01/07, 9:50 pm

2 Answers from Attorneys
Dilnaz Saleem Kraft & Associates

Re: Voluntary Departure and Marriage to US citizen

A person must depart the U.S. pursuant to an order of voluntary departure. If the person is married to, or will marry, a U.S. citizen, there are procedures set in place that may allow the person to re-enter the U.S. as a permanent resident.

Dilnaz A. Saleem

www.KraftLaw.com

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Answered on 5/02/07, 10:00 am
TC Langford Langford Law Office

Re: Voluntary Departure and Marriage to US citizen

It depends. If his entry was legal, then he can apply for cancellation and ask to process the I130 and I485 with the court. That is only if he has not waived his rights, and if the judge is willing to reopen. If not then he has to return to the native country, file the I130 and request a waiver. It is impossible to predict the results of either situation, as the facts of each case are critical.

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Answered on 5/01/07, 11:39 pm


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