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

Asked about 1 year ago - 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)

  1. Alexander Joseph Segal

    Contributor Level 20

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    Answered . 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)... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    Answered . 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... more
  3. Brian David Lerner

    Contributor Level 18

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    Answered . 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%... more
  4. Simone Rosemarie Coley

    Contributor Level 11

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    Answered . 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.
  5. Anu Gupta

    Pro

    Contributor Level 19

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    Answered . 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.... more

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