Obtaining US Green Card from Mexico after Illegal Entry

[Emicruz242 0]

Obtaining US Green Card from Mexico

 

My husband and I married in March of 2020. 100% bonafide, no issues being able to prove it.  I am a USC, he is a Mexican Citizen. 🥰
 

He illegally entered the US in 2004 at the age of 17 and has lived here illegally since.  Because of this we are aware that we need to obtain the I-601 waiver of forgiveness (being married to a US Citizen isn’t enough for him to be granted papers.). We have been saving money to hire a lawyer to get his green card, however, we are considering going another route.  The lawyer for the whole deal with the waiver is quite crazy expensive, as I’m sure many of you know. 

His aging grandparents (who raised him) reside in Mexico in his childhood home, and he wants to go back to care for them, with the hopes of being able to travel back to the States eventually.  I love Mexico and have no issues with going to live there so he can be with them at the end of their lives.  We are excited at the prospect of being able to live there, however we do want the option of being able to return to the
States together. 

 

I’m wondering how the process might differ, applying for his Green Card from Mexico, rather than here in the US.  Could we wait out the 10 year bar he would have in place for crossing illegally and then be able to obtain papers more easily (and more inexpensively?) afterwards, without having to do the I-601?  

 

The process would most likely take about 5 years if we chose to do it from the States, due to having to process the waiver on top of the I-130 (long processing times for extra steps.)

Sorry if these are novice questions!  I’ve been doing my research and still few a bit lost. 🥺

Thank you in advance if you have any recommendations 🙏🏼

[SalishSea 17,920]

7 minutes ago, Emicruz242 said:

Obtaining US Green Card from Mexico

 

My husband and I married in March of 2020. 100% bonafide, no issues being able to prove it.  I am a USC, he is a Mexican Citizen. 🥰
 

He illegally entered the US in 2004 at the age of 17 and has lived here illegally since.  Because of this we are aware that we need to obtain the I-601 waiver of forgiveness (being married to a US Citizen isn’t enough for him to be granted papers.). We have been saving money to hire a lawyer to get his green card, however, we are considering going another route.  The lawyer for the whole deal with the waiver is quite crazy expensive, as I’m sure many of you know. 

His aging grandparents (who raised him) reside in Mexico in his childhood home, and he wants to go back to care for them, with the hopes of being able to travel back to the States eventually.  I love Mexico and have no issues with going to live there so he can be with them at the end of their lives.  We are excited at the prospect of being able to live there, however we do want the option of being able to return to the
States together. 

 

I’m wondering how the process might differ, applying for his Green Card from Mexico, rather than here in the US.  Could we wait out the 10 year bar he would have in place for crossing illegally and then be able to obtain papers more easily (and more inexpensively?) afterwards, without having to do the I-601?  

 

The process would most likely take about 5 years if we chose to do it from the States, due to having to process the waiver on top of the I-130 (long processing times for extra steps.)

Sorry if these are novice questions!  I’ve been doing my research and still few a bit lost. 🥺

Thank you in advance if you have any recommendations 🙏🏼

Sure, if you want to wait out the 10 year bar in Mexico and then petition him for an IR-1 visa, you can certainly try that.

[Allaboutwaiting 2,503]

You need to read more about the process as it is nothing as you are picturing.

Your husband has two inadmissibilities: entry without inspection -which carries a lifetime ban- and unlawful presence -which in his case carries a 10 year ban-.

The ban is triggered once he leaves the US -which he MUST, in order to be interviewed at the consulate-.

So he'll need two waivers -one for each inadmissibility- or leave the US for 10 years and still apply for a waiver.

[Emicruz242 0]

36 minutes ago, Allaboutwaiting said:

You need to read more about the process as it is nothing as you are picturing.

Your husband has two inadmissibilities: entry without inspection -which carries a lifetime ban- and unlawful presence -which in his case carries a 10 year ban-.

The ban is triggered once he leaves the US -which he MUST, in order to be interviewed at the consulate-.

So he'll need two waivers -one for each inadmissibility- or leave the US for 10 years and still apply for a waiver.

 

36 minutes ago, Allaboutwaiting said:

You need to read more about the process as it is nothing as you are picturing.

Your husband has two inadmissibilities: entry without inspection -which carries a lifetime ban- and unlawful presence -which in his case carries a 10 year ban-.

The ban is triggered once he leaves the US -which he MUST, in order to be interviewed at the consulate-.

So he'll need two waivers -one for each inadmissibility- or leave the US for 10 years and still apply for a waiver.

Thank you Allaboutwaiting!  I didn’t realize a waiver was necessary no matter what for an EWI.  I was confusing the 10 year ban for EWI, not unlawful presence.  Just did some searching and found this to clear it up for me:

 

”However, because individuals in EWI status are subject to the 3 & 10 year bars once they depart the U.S., even if they leave to lawfully re-enter, they must obtain a waiver to overcome a bar, receive a visa, and adjust their status to permanent resident. Under current law, this waiver can only be obtained at a consular post abroad and may take up to a year for a decision to be made.”

Edited January 17, 2022 by Emicruz242

[Allaboutwaiting 2,503]

27 minutes ago, Emicruz242 said:

 

Thank you Allaboutwaiting!  I didn’t realize a waiver was necessary no matter what for an EWI.  I was confusing the 10 year ban for EWI, not unlawful presence.  Just did some searching and found this to clear it up for me:

 

”However, because individuals in EWI status are subject to the 3 & 10 year bars once they depart the U.S., even if they leave to lawfully re-enter, they must obtain a waiver to overcome a bar, receive a visa, and adjust their status to permanent resident. Under current law, this waiver can only be obtained at a consular post abroad and may take up to a year for a decision to be made.”

Look for the waivers thread here in the forum. There you'll find useful information and read others experience.

[Boiler 45,657]

If he is 9C then the process is different, could you clarify.

[Boiler 45,657]

Illegal entry is not a bar, assuming just the one entry then I 601A followed by a trip to Mexico would be the normal route and nothing like 5 years.

[powerpuff 6,725]

~ Moved from Bringing Family Members of US citizens to Waivers forum ~