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Voluntary Departure

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Old May 3rd 2004, 1:12 pm
  #1  
Kikuyu
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Default Voluntary Departure

October 2003, my friend was apprehended by INS agents, he was immediately
detained at a facility in Conecticut. I live in a small town in Maine and
the reason behind the capture was because he was reported as an overstay.
There was not any criminal actions by my loved one. He was in the USA for
one year seven months. I love him, I miss him..he feels the same. I am
planning a trip to Thailand in August of this year. I will bring the
necessary documents to allow for us to marry. My question is what are
his chances of coming back to USA? After we marry what kind of visa do
I/he apply for? I am a US citizen. He is from Thailand. Thank you for
any help in the right direction with this and I value all comments. Kikuyu
 
Old May 3rd 2004, 7:15 pm
  #2  
Mrtravelkay
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Default Re: Voluntary Departure

kikuyu wrote:

    > October 2003, my friend was apprehended by INS agents, he was immediately
    > detained at a facility in Conecticut. I live in a small town in Maine and
    > the reason behind the capture was because he was reported as an overstay.
    > There was not any criminal actions by my loved one. He was in the USA for
    > one year seven months. I love him, I miss him..he feels the same. I am
    > planning a trip to Thailand in August of this year. I will bring the
    > necessary documents to allow for us to marry. My question is what are
    > his chances of coming back to USA? After we marry what kind of visa do
    > I/he apply for? I am a US citizen. He is from Thailand. Thank you for
    > any help in the right direction with this and I value all comments. Kikuyu

Rule #1 Hire an immigration attorney
Rule #2 GO TO RULE #1

Right now, it appears that he has overstayed by over a year.
This means he is subject to a 10 year ban.

He will need a waiver to get the visa.
You will need to show hardship (by the immigration definition, not your
own definition)
It is in your best interests to have this handled by an attorney.

Before you say you can't afford to hire an attorney; you can't afford
NOT TO.

If all else fails and he is denied a visa, be prepared to move to
Thailand or another country that will accept the both of you as
immigrants. Not pretty, but it is an honest answer. I don't generally
sugar coat things to make them visible with rose colored glasses.
 
Old May 4th 2004, 11:30 am
  #3  
Kikuyu
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Posts: n/a
Default Re: Voluntary Departure

mrtravelkay <[email protected]> wrote in message news:<[email protected] om>...
    > kikuyu wrote:
    >
    > > October 2003, my friend was apprehended by INS agents, he was immediately
    > > detained at a facility in Conecticut. I live in a small town in Maine and
    > > the reason behind the capture was because he was reported as an overstay.
    > > There was not any criminal actions by my loved one. He was in the USA for
    > > one year seven months. I love him, I miss him..he feels the same. I am
    > > planning a trip to Thailand in August of this year. I will bring the
    > > necessary documents to allow for us to marry. My question is what are
    > > his chances of coming back to USA? After we marry what kind of visa do
    > > I/he apply for? I am a US citizen. He is from Thailand. Thank you for
    > > any help in the right direction with this and I value all comments. Kikuyu
    >
    > Rule #1 Hire an immigration attorney
    > Rule #2 GO TO RULE #1
    >
    > Right now, it appears that he has overstayed by over a year.
    > This means he is subject to a 10 year ban.
    >
    > He will need a waiver to get the visa.
    > You will need to show hardship (by the immigration definition, not your
    > own definition)
    > It is in your best interests to have this handled by an attorney.
    >
    > Before you say you can't afford to hire an attorney; you can't afford
    > NOT TO.
    >
    > If all else fails and he is denied a visa, be prepared to move to
    > Thailand or another country that will accept the both of you as
    > immigrants. Not pretty, but it is an honest answer. I don't generally
    > sugar coat things to make them visible with rose colored glasses.

Thank you so much for your quick response and honesty. kikuyu
 

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