I-I30 Visa petition after Voluntary Departure

[Neisa I. Diaz]

My husband was accused by his former ex wife of beat her in 2011. First they charge him with "Agg Battery" do the fact that she told the cops she was pregnant. Later it was downgrade to "Battery" because she never was pregnant. The court declared "No Action" in that case. He was never convicted,just charged. He entered with a K-1 Visa back in 2009 and got married during the 90 day period but his ex wife never wanted to adjust his inmigration status. After he got arrested in 2011 we put his bond but before he came out ICE took him to an Immigration Facility because he hadn't a regular status . He had a trial and the Immigration judge grant him a Voluntary Departure.He travel to his home country right after that. We are living over there since then (7 years already). Now that we are married and im a US Citizen (Born and Raised) i need to go back home. I'm a cancer patient currently in treatment and is extremely hard to me be coming and going back from the states to his country. I'm by myself in Florida and my kids (Not his kids) and him in his home country.He is the only person i have to help me with my children. What are his chances if any to go back to the states? Does he have to wait more time before i can ask for a visa for him? or can he apply for a waiver? Does his arrest record and charges affect him in order to go back to USA if he was never convicted? Where can i start ? I feel lost.

[newacct]

My husband was accused by his former ex wife of beat her in 2011. First they charge him with "Agg Battery" do the fact that she told the cops she was pregnant. Later it was downgrade to "Battery" because she never was pregnant. The court declared "No Action" in that case. He was never convicted,just charged. He entered with a K-1 Visa back in 2009 and got married during the 90 day period but his ex wife never wanted to adjust his inmigration status. After he got arrested in 2011 we put his bond but before he came out ICE took him to an Immigration Facility because he hadn't a regular status . He had a trial and the Immigration judge grant him a Voluntary Departure.He travel to his home country right after that. We are living over there since then (7 years already). Now that we are married and im a US Citizen (Born and Raised) i need to go back home. I'm a cancer patient currently in treatment and is extremely hard to me be coming and going back from the states to his country. I'm by myself in Florida and my kids (Not his kids) and him in his home country.He is the only person i have to help me with my children. What are his chances if any to go back to the states? Does he have to wait more time before i can ask for a visa for him? or can he apply for a waiver? Does his arrest record and charges affect him in order to go back to USA if he was never convicted? Where can i start ? I feel lost.

So he never filed I-485 for Adjustment of Status? How long was it from when his I-94 expired (which was 90 days after he entered) and when he was granted voluntary departure?

[Neisa I. Diaz]

So he never filed I-485 for Adjustment of Status? How long was it from when his I-94 expired (which was 90 days after he entered) and when he was granted voluntary departure?

Thanks for replied to me. Thats correct. He never adjust his status and he entered in August 2006. The Voluntary Departure was granted in Decembre 2011.

[newacct]

Thanks for replied to me. Thats correct. He never adjust his status and he entered in August 2006. The Voluntary Departure was granted in Decembre 2011.

So he would have a 10-year 9B ban for leaving the US after accruing more than 1 year of "unlawful presence" between when his I-94 expired and when he was granted voluntary departure. I am not sure whether he would also have a lifetime ban for his criminal charge, but probably not if he wasn't convicted, unless he admits to it.

So he would need to wait until 2021 to immigrate unless he can get a waiver by showing that you would suffer "extreme hardship" if he can't be in the US.

[Neisa I. Diaz]

So he would have a 10-year 9B ban for leaving the US after accruing more than 1 year of "unlawful presence" between when his I-94 expired and when he was granted voluntary departure. I am not sure whether he would also have a lifetime ban for his criminal charge, but probably not if he wasn't convicted, unless he admits to it.

So he would need to wait until 2021 to immigrate unless he can get a waiver by showing that you would suffer "extreme hardship" if he can't be in the US.

His case was dimiss after his ex wife talk to the prosecutor and admit that he never touched her. So they never went ahead with the trial. He wasn' t convicted.Now let's said we wait until 2021 and i put the petition for him as his wife. You thing is going to be approve? Or can we take the chance to ask for a waiver now? I'm can't waste money on that unless he can get the waiver approve. Thanks again!