Legal Question in Immigration Law in New York

My father was granted voluntary departure in December 2006. He left within the time frame. Paid a $500 bond. The judge in fact was offering him a relief to stay since before the voluntary departure he had told the judge that the only reason for him to stay was to take care of me financially. He had overstayed his visa and had been staying in the US for approximately six years till at the time of his voluntary departure. I was a student at that time. The judge knew he had committed no crime except his overstay so she was offering him a sort of relief where he would get a social security number and some sort of card that showed that he could live and work legally in the US but would not be eligible for a Green Card. And if he did leave the US to visit my mom and my siblings he would not be allowed to return to the US. So he decided to go the VD route. The judge asked him twice to think about it. He still said yes. The judge told him that if he leaves within the time frame he would not get a 10 year bar. And he could in fact come back to the US if I in the future applied for him. He paid $500 bond which was not refunded to him and left, And also reported to the US consulate in our home country (Pakistan). Now in 2013 I am about to apply for an I-130 for my mother and him. My question is how hard will it be for him to get back to US. Considering his good moral character, No criminal record and abiding by immigration law.

Asked on 7/31/13, 11:34 am

1 Answer from Attorneys

Caridad Cardinale Pastor & Associates, P.C.

Your father does not have the ten year bar for a removal (deportation) because he timely left on voluntary departure. However because he did not leave until six years after his status expired, he has a ten year penalty for unlawful presence. If he left in 2006, he would not be eligible until 2016. There is a waiver available but only if your father has a U.S. citizen or lawful permanent resident spouse or parent. So my advice is to contact a lawyer for a strategy on how to deal with this. We have an office in New York and can be reached at (917)674-1250.

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Answered on 7/31/13, 12:38 pm

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