My friend married a Mexican woman a little over 3 years ago. She's not legal, but has been trying to become legal for a long time. He has spent amazing amounts of money trying to "do the right thing".
Her father died a while back and they both went to Mexico to pay respects and such and now she can not cross back to come home. Her kids can (not their kids together, but born here) and he can. She can not. They told her it could be up to 10 years before she can regain access to her family.
Does anyone know of any organization, or have any advice I could pass along to aid him in getting his wife back and putting his family back together?
2007-08-08 10:09:14 · 17 answers · asked by Anonymous in Politics & Government ➔ Immigration
when I worked in immigration law, it didn't matter what the spouses status was. If married to a US citizen then that citizen could petition for the spouse. I don't know what laws have changed in the last 3 years since Ieft that line of work. I remember only one case where the wife had to go home and stay, despite the fact she was married to a citizen and had a child with him. In that case, she came over on a fiance' visa and got married to another man, not the one that petioned for the fiance' visa. so her pentalty to change her status, was to go home for 2 years while her husband re-petitioned. The reason it was only two years wait, was because the wait for a visa in that particular country was not a 10 year wait like Mexico is.
So he should be able to file the correct paperwork here in the US and she can go to the US Embassy in Mexico to complete her side of the requirements, and receive a legal visa based on her marriage to a citizen. It will take at least 6 months, but by no means 10 years!
2007-08-08 12:58:57 · answer #1 · answered by susabry526 1 · 0⤊ 0⤋
If they are telling here that it could be 10 years before she would be legal here, she must have done something to have made it be that long of a wait. Perhaps she was here illegally and then deported? No, the only solution would be for them all to join her in Mexico until she is perhaps allowed to immigrate legally to the US of A.
2007-08-08 11:00:46 · answer #2 · answered by Sweetharttt 7 · 2⤊ 0⤋
Although I feel sorry for the kids, If she is illegal then not much can be done about it. A lot of people are "trying" to do the right thing but being in the USA illegally is against the law. You said the children is hers (but not his) I think then she should be able to take her kids with her. With tougher restrictions now and people need passport to cross back into the USA not easy to slip through the cracks anymore.
2007-08-08 10:19:06 · answer #3 · answered by Robin L 6 · 5⤊ 0⤋
They need to speak to an attorney. As I understand it after 5 years she will be able to petition for a waiver of the rest of the stay, but even then it isn't easy to get.
This is not the government's fault. She did after all, break the law, and should have been trying to get legally here from out of the country, not from inside.
2007-08-08 10:28:03 · answer #4 · answered by DAR 7 · 3⤊ 1⤋
The advice already given repeatedly--hire an immigration attorney--is the only advice there is really.
Having said that--yes I'm piling on here--this is certainly unfortunate for all involved, however.....she created this heartbreaking situation for herself and for her family by entering into the US illegally to begin with. Now look how much heartache she has subsequently caused by this criminal choice she made. Despite the fact she has children here (now legel)....despite marrying a U.S. citizen.....her criminal action (coming into the US illegally) created a chain reaction with huge consequences for innoncent people involved.
Now she and her family are bearing the consequences of her irresponsible behavior and choices.
2007-08-08 10:32:02 · answer #5 · answered by ? 3 · 4⤊ 1⤋
Well, America is not her home, she was not born here. However, if she is still married to this supposed Us citizen then he could petition for a k3 visa.
Check out this site: http://travel.state.gov/visa/immigrants/types/types_2993.html
I doubt it would go through though because it sounds like she tried comming here at one time illegaly and we do not forgive those offenses.
2007-08-09 00:16:29 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Her and about 12 million other people. The US is not her home, Mexico is
2007-08-08 13:57:35 · answer #7 · answered by RedWhite&Blue 4 · 1⤊ 0⤋
I do not know of an organization that can help. I would hire an immigration attorney. What he might also want to do is move to Mexico so that their family can be together until this is resolved.
Good luck to your friend!!
2007-08-08 10:14:25 · answer #8 · answered by Anonymous · 3⤊ 3⤋
yea tell him to move to Mexico I guess. If she would have been legal in the first place this circustance wouldnt have happened.
2007-08-08 11:19:25 · answer #9 · answered by sociald 7 · 2⤊ 0⤋
First of all, this is not her "home." She is a Mexican, here, at one time, illegally; for all intents and purposes, she IS home.
Secondly, if she wants to be reunited with her family, they should go there. Then they can be one happy family, all over again.
Lastly, I think she should just obey the law, so she doesn't end up being thrown out yet again, and having to wait ANOTHER bunch of years to apply to legally enter the U.S.
2007-08-08 10:15:22 · answer #10 · answered by Anonymous · 7⤊ 4⤋