Legal Question in Immigration Law in Texas

Hi I am a 18 yr old mother of a 5 month old baby girl I am married to her father and trying to fix his his papers ... We already filed and payed for applications and everything we got a receipt and now we a got a notice stating that he has to apply for a visa. I called the notary and told her about this she said he had to go to Mexico and apply over there. I s this true or is there anyway he can stay here. Does he even have to apply for a visa while trying to fix papers? I applied while being a resident I am about to be a naturalized citizen. Does this change anything. If he leaves to Mexico I have no one to support me and my baby since I don't work. Please help me in any way. Send me some advise or what should I do. Thanks!


Asked on 8/21/10, 2:29 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

First of all, you should not have hired or consulted a Notary. Only a licensed attorney (a lawyer) is authorized to help with immigration cases, petitions, visas and can give you legal advice.

Apparently, this notary didn't give you correct legal advice and didn't explain you the whole immigration process if your husband came to USA illegally (without a visa). Every case is different, and those who came illegally generally have to go back to their home country to apply for a visa.

If your petition is approved AND a Priority Date is current - yes, he will have to go to Mexico and apply for a visa - IF he came to USA illegally (and therefore not eligible for adjustment of status).

Even if you are a US citizen, he will have to go abroad to apply for a visa (if he came illegally).

Please keep in mind that when he goes for a visa interview he will be denied and will be told to file an extreme hardhsip waiver. A period of wait (and separation) could be very significant in some cases. You should not rely on advice you receive from a notary as she is breaking the law by giving legal advice to her "clients". Notary can only notarize documents, and can never give legal advice or prepare immigration forms unless she is also a licensed lawyer.

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at [email protected] and I will send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 8/26/10, 2:52 pm


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