Legal Question in Immigration Law in Texas
My girlfriend had a tourist visa but overstayed. She went back to Mexico and tried to cameback but customs took away the visa and penalized her for 5 years. I want to get her to USA. What's the best and faster way. Marry her in Mexico or ask for a fiancee visa? N how long is this process?
2 Answers from Attorneys
Depending on how long she overstayed, she could be barred for 3 or 10 years.
You may email more details to me. Thank you.
Vincent Martin
If she overstayed 180 days or more, then she is probably not eligible for a fiance visa.
If you get married in Mexico, & you are a U.S. citizen, then you can file Form I-130. Once approved, she can theoretically apply for her immigrant visa at the U.S. Consulate in Mexico. The only problem is that you are going to have to file a waiver of inadmissibility due to unlawful presence in the United States. If the waiver is approved, then she would still be eligible to get her greencard. However, if it is denied, then she will be stuck in Mexico until the 3/10 bar is lifted.
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