How do you apply for CR-1 after leaving the U.S?

Hi, I am currently pregnant at 16 I'm also engage to my 21 year old boyfriend of four year relationship. We want to file a CR-1 visa after my daughter/son is born. I turn eighteen on 2014-2-11. My due date is on Jan 2014. I wanna leave on March 2015. I also want my baby to turn at least one year old since my home country is Mexico and I don't want to expose my baby to the sick environment where illnesses occur. Since I will be living in a village not a city. My question is: 1). Would I be denied on my CR-1 visa if I leave at 18 and four months old? 2). Is having my kid here would affect me from getting approve when here illegally? 3). Again would I be bar from 3-10 years if I have a kid here? Would it be hard to get my visa? Please help me with very good informative answer.

Atlanta, GA -

Attorney Answers (3)

Giacomo Jacques Behar

Giacomo Jacques Behar

Immigration Attorney - San Diego, CA

1) Not if you do not accumulate 180 days of "unlawful presence" before you depart

2) no, since the child will b e a US citizen. Make sure to obtain a US passport for the child prior to leaving for Mexico. Also make sure the baby's birth certificate clearly includes the father's name.

3). Not likely if you can prove your date of departure from the US and also have documentary proof of your presence in Mexico by a certain date.

Hopefully your husband is more or less of the same age as you and not much older, otherwise it is problems of a different kind that you'll be facing..

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
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Alexander Joseph Segal

Alexander Joseph Segal

Immigration Attorney - New York, NY

I agree with my colleagues.; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell:... more
Kevin Lawrence Dixler

Kevin Lawrence Dixler

Immigration Attorney - Chicago, IL

1) No, not if you leave within 180 days after you turn 18.

2) No. However, make sure that your son gets a U. S. Passport and keep a certified copy of his birth certificate.

3) No.

However, there are other concerns, since your boyfriend may have committed statutory rape. It is unclear whether there will be concern about the relationship due to your age. I strongly recommend an appointment with a competent and experienced immigration attorney to carefully review all of your immigration options. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.

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