Legal Question in Immigration Law in California

visa for a wife of a US citizen/adjust in the states
I'm illegal and married a U.S. citizen. We are trying to adjust my status, we send our paperwork and we received notice that theres a visa available for me, so now we have start the process throught the visa center. Its our undestanding that we will be sent to the Mexican consulate for an interview. My concern is this, is immigration under the impression that I'm living in Mexico? If I tell them that I've been here will this damage my chances of getting approved? Please help I'm so confused. I'm considering not going to my appointmen in Ciudad Juarez in Mexico if this is going to harm my situation.

Asked on 5/23/05, 2:39 pm

Baoqin Wang Law Office of Baoqin Wang

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Re: visa for a wife of a US citizen/adjust in the states

If you entered US without inspection, generally you have to go to Mexico to apply for unlawful presence waiver.

If, however, you entered US with certain kind of visa and you overstayed, then generally you don't need to go to Mexico to apply for the waiver.

If someone filed any immigration paper work for you before April 30, 2001, you may be 245i eligible

and thus do not need to go to Mexico for the waiver.

Going to Mexico for the waiver does not mean your case will be denied.

This is complicated situation, and you should have an attorney to help you through the process.

Answered on 5/23/05, 2:56 pm

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