What to do if granted 601 waiver then detained and granted VD?
Asked on Nov 23rd, 2019 on Immigration - California
More details to this question:
My husband has 301 and 601 approved(petitioned on my behalf). He did not have any prior deportations or arrests. In March 2018 he was arrested for DUI(now reduced to Wreckless driving) he was put on Ice hold, detained and granted volunt depart. Does he need a I212? He’s in Mexico since 5/2018.
It would seem that to have an I-601 approved while in the US, your husband would have had to apply for an I-601A rather than I-601. Under an I-601A, successful applicants can receive the approval in the States before going outside for consular processing. If he left during the time of voluntary departure, he does not need an I-212 as that is only applicable where there is an order of removal. A DUI which is reduced to reckless driving is generally not a basis to deny an immigrant visa unless he has had more than one, at which point he may have a problem passing the immigration medical. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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