Legal Question in Immigration Law in Mexico

Hello

My family is in the waiting process of getting our immigrant visas. The priority date we got was August 1, 2001 for Mexico because my mom is a naturalized Mexican citizen. My mother got convinced by an attorney that she can change her application back to her birth country: CHINA. He also said that if we changed to back to CHINA we had to change our address to living in the United States meanwhile waiting for a immigrant visa number to be available for us. He said that our visas( current:B1/B2) would be confiscated meanwhile we live in the United States. The reason we would live in the United States is to wait for our visa number to be available for us. Is this even possible: Changing your application back to another country once you have already applied? How can we "live" legally in the U.S. without any form of documentation?


Asked on 8/18/10, 10:14 am

2 Answers from Attorneys
Caridad Cardinale Pastor & Associates, P.C.

I am unclear as to why if you changed your chargeability area (to China from Mexico)why you would have to live in the U.S. That is certainly not required and if in fact you do that on a tourist visa, you and your family could be barred for ten years from obtaining the immigrant visas. What category are you applying under? Also, I would need more information on your mother's residence in Mexico and citizenship there. You can email us with this information at [email protected]

Read more
Answered on 8/18/10, 10:22 am
Luba Smal Smal Immigration Law Office

You need to consult a better attorney. If you live in USA illegally, then, when the priority date will become current - you will NOT be able to apply and obtain a green card. You will be denied adjustment of status.

You are not protected under the "old law" because your priority date is August 1, 2001.

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

Read more
Answered on 8/18/10, 12:57 pm


Related Questions & Answers

More Immigration Law questions and answers in Mexico