Legal Question in Immigration Law in Georgia

My fiance is 22 years old. He was brought here at age 11 by his parents illegaly from Mexico. He basically grew up here and graduated from school here. He has returned to Mexico and will be 23 when i file the K1 Visa. I understand that we need to file a I-160 wavier since he entered illegaly. My question is.... What are our chances of approval and is this the best way?


Asked on 6/28/10, 6:04 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Before you file the Fiance visa petition and think about preparing a Hardship waiver, you need to consult an immigration attorney (not a notario). In any case, a waiver can't be filed with the USCIS in USA if your fiance is in Mexico.

When did he return to Mexico (how old he was at the time)? Have you traveled to Mexico?

There is no guarantee that a waiver will be approved, unless you can prove an 'extreme hardship' to yourself, a US citizen, if your fiance is not admitted to USA on a Fiance visa.

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

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

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Answered on 6/28/10, 9:50 am


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