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I130 process for illegal alien

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.

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Attorney answers 8


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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


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 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


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


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: (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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:


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;; 503-951-8209. This answer is intended for general informational purposes only and does not create an attorney-client relationship. The statement above does not constitute legal advice, as all the facts are not known.

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