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USCIS I-130 Application for green card by a US Citizen for married Mexican daughter living in the USA illegally.

Phoenix, AZ |

I am a US citizen and I have submitted an I-130 (petition for alien relative) application for my daughter who is married and over 21. I understand it takes many years(not sure how many) for the application to become current but can anyone tell me how to help her prepare for what's coming. I am just afraid the application will be denied due to her illegal status. She is married and has 2 children born in the USA. One of them is 15 and the other is only 4 years old. She's always been a hard-working and responsible person and does not have a criminal history other than she was caught one time like 15 years ago illegally crossing the border.

Attorney Answers 5

Posted

Eventually, the daughter will have to consulate process and will meed a waiver.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

Hello:

The I-130 will not take into account legal status or criminal history. Rather, it shows that you are a US Citizen, that the relationship exists and that she is over 21. It is when it becomes current that all of the issues of status and criminal history come into play.

We have 3 offices over the State of California and an international office in the Philippines. We do 100% Immigration Law, have done nearly 5000 cases and can help you. Should you want an in depth consultation, please schedule one at blerner.checkappointments.com or call 562-495-0554 or e-mail me directly at blerner@californiaimmigration.us

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Posted

My question is let's say 10 years from now the application becomes current and she gets an appointment at the consulate in Mexico, how can she prepare herself for that? I don't want her to get denied on the spot due to being illegal. How does going back to Mexico before the application is current help? At that moment she won't be illegal but the history will be there. I'm just trying to find the best possible solution for my daughter. It is very hard for my daughter to go back because the grand kids are used to the American life. Both of them are doing well in school/kindergarten and it's going to devastate the family if they have to depart.

Posted

You should speak with an attorney in private. The 130 petition will be approved because she is the daughter of a citizen. However, if she has lived illegally in the US for several years, there is a bar that will apply and stop her from getting a green card.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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Posted

Wil take an eternity under American quota. Her criminal past will not affect I-130 approval. Long illegal stay may prove to be a bar later on.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

The issue is whether she can adjust her status in the United States, or whether she would be subject to a bar for illegal status. Please, privately consult an immigration attorney. It is good that you filed, but under current law it will take over a decade and she might not qualify then. Please see an attorney. Best wishes.

Simone Coley, Bachand & Bachand; 855-422-2426. 189 State Street, Suite 100, Bridgeport, CT 06604.

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