Education Requirements & Voluntary Departure
 

Two Questions:
Form I-821D, Pg 2, Quest 18
Lots of people who did not have their HS Diploma nor GED began looking into that and how to obtain it. My boyfriend is one of those people. He started classes to get his ged after June 15th, would that be considered "in school"?

Also, he was detained by ICE back in '07 when raids were being done here in Phoenix. He was left no other option by ICE and unfortunately signed a voluntary departure. He came back 2 days later without being "caught" so technically he shouldn't be here but he is. Do you guys think he has a chance? There is the argument that ICE was pulling people over based on looks, I don't know if this would even matter though.

Please if anyone is in the same situation, or has any idea about this please let me know. Thanks :)

Re: Education Requirements & Voluntary Departure
 

IIRC, GED classes is not considered in school as it doesn't fall under what high school is. Is he almost done? like when he gets his GED, it would be a simpler answer.

Returning here after being caught would be a felony. I suggest getting a lawyer.

Re: Education Requirements & Voluntary Departure
 

In regards to the GED, I guess he would have to apply after passing the test he probably has a couple months to go.

I was afraid a lawyer was going to be needed, they charge so much and we just don't have the money.

Re: Education Requirements & Voluntary Departure
 

Yeah. :(

Might I suggest going for one of those free consultations? or DACA workshops near by? Someone with more knowledge about your second question will be of more value and it won't cost you anything.

Re: Education Requirements & Voluntary Departure
 

Thanks, I am going to be looking for some help on that.

Re: Education Requirements & Voluntary Departure
 

GED classes are essentially tutoring. Therefore, he is NOT in class or in school.

Re: Education Requirements & Voluntary Departure
 

He has to get the GED before he applies.

As to the second issue, I would consult a lawyer. I believe if you for any reason are deported in any type of classification, you're continuous presence is VOID. I am not completely informed on this, because I haven't had a reason to look into these aspects of ineligibility.

Good Luck.