If he isn't here illegally, he can always leave the country with no penalty. He should contact USCIS about the application, however, if he was really duped. She can be prosecuted and a charge of marriage fraud will keep her from filing any more applications for other potential immigrants.
Voluntary departure is a technical term and refers to a grant from the government for a person who has been ordered deported to leave the country. If you can get it, it saves you from being barred from reentry for having been deported, but it isn't easy to get most of the time. That doesn't seem to apply in this case as your friend hasn't been ordered deported or even been placed in removal proceedings.
2007-01-05 07:55:02
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answer #1
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answered by Eddie S 3
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First of all it depends how long he's been in the country illegally. If he's overstayed his visa from 180 days - 1 year, then he's subject to a 3 year ban. If he's overstay his visa for over 1 year then he is subject to a 10 year ban. It doesn't matter if he departs voluntarily, same rules apply. That's why when an illegal alien gets married they should not leave the country until said alien receives their temporary residency, because they would be subject to the same rules.
His case is a little screwed up tho. He really should go consult an immigration attorney or call USCIS and see what they suggest to do.
2007-01-05 08:12:13
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answer #2
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answered by Preciosa 3
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He will not have any problems if he tells the truth and voluntarily goes back to Jamaica. If USCIS finds out about her,she could be in big trouble.Obviously what she's doing is illegal and she's spoiling it for all of us who have spouses who we are trying to bring to the USA legally.
2007-01-05 08:04:25
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answer #3
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answered by Anonymous
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That story is nonsense.
Becoming a citizen is something a RESIDENT does, you don't go from illegal alien to citizen but to resident, then AFTER 5 years of residency you can apply for citizenship. The application DOES NOT require a sponsor.
Learn about the process before you make up stories.
2007-01-05 07:44:57
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answer #4
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answered by r1b1c* 7
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Yes, it's called Voluntary Departure. It is not a deportation proceeding, and when done right, he will not be subjected to the 3 or 10-year ban. I would suggest he retain an immigration lawyer, though, in order to ensure that everything goes well.
Props to your friend for wanting to immigrate the right way.
2007-01-05 07:42:47
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answer #5
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answered by Anonymous
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It sounds like he was a party to marriage fraud, or was this the first instance in which she did not behave as a normal wife?
I personally don't want to help someone commit fraud.
2007-01-05 10:02:47
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answer #6
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answered by DAR 7
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if he explained to the Immigration authorities what she did, I'm sure they could help him do things legally, AND she could be prosecuted
2007-01-05 07:46:45
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answer #7
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answered by kapute2 5
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