If I apply through I-130 is it necessary for me to go to Mexico for the immigration meeting?

Asked over 2 years ago - Norcross, GA

I am applying though my husband who is a citizen. We have been married for two years and have 2 kids together. I am 19 years old and he is 20. I've been undocumented in the U.S. for 12 years. Is it necessary for me to travel to Mexico for the immigration meeting and the waiver or is it possible for me to stay in the U.S. while finishing the process?

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Answered . If you entered the US without inspection, yes. However, if you wait a few months, you may be able to apply for a waiver while still in the US. This will minimize the time that you will be separated.

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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Kristin Lee Gledhill

    Contributor Level 3

    2

    Lawyers agree

    Answered . You will need to consult with an immigration attorney to see if you qualify to process your paperwork inside the US, a process known as adjustment of status. There are a few ways to qualify for adjustment of status under immigration law, for example if you were lawfully admitted to the US during your last entry, or if you qualify under INA 245(i). If you do not meet the requirements for adjustment of status, your only alternative will be to consular process, which means going back to your home country for a consular interview.

  3. KiKi Maria Mosley

    Pro

    Contributor Level 14

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    Answered . You will need to go back t Mexico and consular process through Ciudad Juarez. The waiver interview will also take place there. You should retain an experienced immigration attorney to help you with this process. It is not a simple process and the procedures must be carefully followed in order to get a positive result.

    FREE CONSULTATION ON IMMIGRATION AND DEPORTATION MATTERS Contact: Law Offices of KiKi M. Mosley 208 S.... more
  4. Robert West

    Contributor Level 20

    3

    Lawyers agree

    Answered . Sounds like you must go back but you should consult with a local attorney to discuss if there any other options for you before you start the process.

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