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voluntary departure Criminal Law

Discussion in 'Immigration Issues' started by az1980, Mar 15, 2007.

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  1. az1980

    az1980 Law Topic Starter New Member

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    I lived in USA for about 12 years and came back to Pakistan exactly 4 years ago in 2002.

    I have been married to a USA citizen for nearly 7 months. She wants to apply for
    an admission to USA for me. However, I was being arrested and taken into a
    custody by INS dated Sep/12/2002.
    They had charges against me of overstaying since june 98. Immigration took me and kept me in detention for 5 days and later I was released on the bond. I had my court hearing in Louisana, New Orleans.
    After registering me into their system and taking finger prints, Judge granted me a voluntary departure. I had till DEC 15 2002 to leave USA. Thus, I left USA early Dec 2002 on my own with any expense to US goverment and without an order of deportation having been entered.

    After returning to my country and I did not notify the US consulate there, but my passport was stamped at the time of entry and I have a copy of the itinerary in my possession.

    My question to you is that do I need to apply for a waiver. If yes, what are the
    chances of me getting back to states. How can we go about making this case
    solid?


    Some more information

    - I went to USA first time on F1 status dated January 1991.

    - Lived in USA for nearly 12 years, reinstated and extented F1 status 2 times
    that finaly expired in june 98. The I-194 D/S does not have a date.
    -I filed taxes from 1991-1998 and later filed taxes for 2000 and 2001.

    -Would My time be counted against me from the time immigration took me. Which was less than 180 day?

    -What bar am I subject to?
    -I have No criminal record what so ever.

    -My wife is in USA right now, and I am in Pakistan.
    -I lost my paperwork that was given to me for VT. Do I have to proof that I took VT or would it show up on the system?

    -Do I file I-212 alone or do I have to file a report along stating the "extreme hardship" she is facing without her husband. Can my wife file it in the US or I have to file in paksitan? If so where does she need to send it to.

    -She has filed I-130 and I-129 in december 2006 and January 2007 so can I now file I-212 or do I have to wait.


    Thanks so much for your time
     
  2. muggsyj

    muggsyj New Member

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