Need Advice
immigration attorney Texas Aug 28, 2026
Seeking Advice Regarding Voluntary Departure and no Prior Immigration History Location: Texas My husband who is 44 years old entered the United States in 2000 using fraudulent documents and was inspected at a land border. He later left for Canada and filed an asylum claim, which was denied. He subsequently returned to the U.S. without inspection and has remained here ever since. He currently has a driver’s license and Social Security card. He has no criminal record, has worked consistently, and has paid taxes. We have two U.S.-citizen daughters, and I am also a U.S. citizen. Because of his prior entries, we were advised by several immigration attorneys not to file for adjustment of status and instead to wait for a possible change in the law. We are now separated, and he is considering voluntarily leaving the U.S. and returning to his home country because he does not see a viable path to legal status. Our main concern is what could happen when he attempts to depart. If he purchases a one-way ticket and travels with an emergency travel document issued by his home country, could he be detained by CBP, ICE, or another immigration authority at the airport? Would voluntarily departing without intending to return affect the likelihood of being detained? He does not believe he has an immigration record, but we are unsure what may exist from his prior entries and asylum case. Although we are separated, I want to make sure he understands the risks before making this decision. Any advice from immigration attorneys or others familiar with similar situations would be greatly appreciated.
