I130 process for illegal alien

Asked over 1 year ago - Houston, TX

Our lawyer sent the i130 application last week. My husband is currently living in the us undocumented. We have been married for two years and have a six month old baby. I am a us citizen and my husband has no criminal record or deportations. We have been told next we would get an interview in Mexico. Is this correct? What would be the process and about how long? And would we need to file anything else? We just want to get a second opinion.

Attorney answers (8)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . Sounds like you are doing everything right.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. F. J. Capriotti III

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes, he will be required to go to Mexico for his visa ... unless the law changes.

    Having a baby and no criminal record will probably help with the next step which is an I-601a waiver.

    It appears that your lawyer knows what he/she is doing ... listen to him/her.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. J Charles Ferrari

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . You have a lawyer. Your lawyer knows the facts of your case. You need to direct your questions to your lawyer. It would be foolish to rely on answer obtained online from people who do not know all the facts of your case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Jeffrey B. Peltz

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . yes your interview would be in Mexico after your attorney files for a 601 waiver and gets it approved.

  5. Myron Russell Morales

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . Yes, he would go to Mexico for the interview unless he is 245(i) eligible or overstayed a visa.

    This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at:... more
  6. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Yes. As it stands now, he will have to go the Mexico. If there is any other information that is needed you will receive a Request for Evidence (RFE).

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more
  7. Danny Garmo

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I understand you said your husband was undocumented. Important question is how he entered the United States, was it with inspection or without inspection meaning did he enter legally or illegally. If he entered without inspection or illegally, then the ideal course is getting the I-130 approved and notifying National Visa Center (NVC) of the desire to file a provisional I-601a waiver. This can be done by emailing NVC at: NVCI601A@state.gov

  8. Elliot M.S. Yi

    Contributor Level 15

    1

    Lawyer agrees

    Answered . I agree with my colleagues. However, you should be asking these questions directly to your lawyer. Good luck.

    The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201 www.emsylaw.com; elliot@... more

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