GlobeHopperMama

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http://immigrate2us....rum/content.php
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Of all your options, leaving the US is the riskiest because once you leave, there is no guarantee you will be able to come back. This is absolutely NOT a go-it-yourself project anymore. You need to talk to a lawyer right away, one who specializes in difficult cases, preferably. Before you leave the US and screw up any options to come back, you need to make sure that's the best choice. Also, getting that denial notice will be very important. If marriage fraud is alleged, you won't be eligible for any more visas, immigrant or non-immigrant. But if marriage fraud is alleged and you believe you have evidence to refute that allegation, you need to fight it out from inside the US, almost certainly. There are three lawyers linked in my signature who I have personally worked with and who know how to handle difficult cases. I suggest consulting one or all of them. Lizz and Laura offer free consults, while Laurel is pricier but has tons of experience. Good luck!

It's very likely the petition was approved in 2005 but depending on the priority date and category, it could still be a while before a visa is available. Petition approval is only step one - no visa can be applied for until a number is available and the numbers are reported every month on the Visa Bulletin. You can access the current Visa Bulletin here: http://travel.state.gov/visa/bulletin/bulletin_1360.html. Until the priority date is current, no visa number is available. You said this petition was for your dad, who was petitioned by a US citizen sister? If so, he will be waiting for a long time. Siblings are F4 category, which is currently issuing visa numbers for petitions filed for Mexicans in July 1996. That date moves very slowly - I think it's been in 1996 for several years now. Hopefully it picks up speed eventually, but for now, it's a very long wait.

It's very likely the petition was approved in 2005 but depending on the priority date and category, it could still be a while before a visa is available. Petition approval is only step one - no visa can be applied for until a number is available and the numbers are reported every month on the Visa Bulletin. You can access the current Visa Bulletin here: http://travel.state.gov/visa/bulletin/bulletin_1360.html. Until the priority date is current, no visa number is available. You said this petition was for your dad, who was petitioned by a US citizen sister? If so, he will be waiting for a long time. Siblings are F4 category, which is currently issuing visa numbers for petitions filed for Mexicans in July 1996. That date moves very slowly - I think it's been in 1996 for several years now. Hopefully it picks up speed eventually, but for now, it's a very long wait.

A SSN is not a requirement to marry in the US, although those who DO HAVE them are required to supply them by law. Even when some local officials believe it is required, it's not. Example: international tourists get married in the US. They don't have SSNs. Even some rare US citizens make it to adulthood without a SSN. Anyway, those who have none can generally sign an affidavit stating that they do not have a SSN, and can instead present photo ID, birth certificate (bring a translation), and it's best to bring your passport just to be safe.

I'm sad that so many VisaJourney members are so badly informed about US immigration law when it comes to inadmissibility. Yes, you have now incurred the 10-year ban under INA 212(a)(9)(B), but there IS a waiver available through your dad, even if he's only a permanent resident and not US citizen. Let's look at the law, shall we? Always a good thing to try if you're going to tell someone their legal options and start suggesting "giving up" for the next 10 years.

In other words, you're banned for 10 years, the time when you were under 18 didn't count but since you spent 2 more years in the US after that, the ban applies all the same. However, if your father can file a complete packet demonstrating the hardship he would experience if you were banned for 10 years, you have a chance at a visa. Things to do RIGHT NOW:
1) Talk to a lawyer. Any of the three linked in my signature are good, trustworthy choices who know their stuff and would have a good idea if you have a shot at a visa.
2) Join immigrate2us.net. These kinds of situations are common knowledge around there and you can get a lot of good, informed advice from people familiar with the law as it applies to people in your situation.
Your presence in the US not only can be detected by officials through any means they want, but actually, it was supposed to have been specified on documents filed up to this point, and I would be concerned about submitting any DS-230 or other paperwork that fails to acknowledge your unlawful presence in the US, as it could be (rightfully) construed as misrepresentation for the purpose of attempting to et a visa. Also talk to one of those lawyers about how to correct this situation if you have filed paperwork that didn't mention your presence in the US.
Also, I highlighted the section of the law that states that the ban began WHEN YOU LEFT THE US, not when you attend the interview. Please, VisaJourney members, try to familiarize yourself with the law you're referring to before you tell people legal information. Immigration is a complex area of law, and the fact that this is a DIY site is awesome, but we've got to avoid blatant misinformation, too, or the quality of this site is diminished!
You're in a rough situation, but this isn't the end. There is hope. Good luck!

This is definitely a tricky situation. It doesn't sound from the description that he's eligible for any paths to adjustment of status in the US, but I wouldn't close off that entire line of possibility until a really good lawyer has reviewed the case. Shusterman in LA is top-quality, you can trust him, but there are others who may be less costly due to being less high-profile. The three linked in my signature definitely would be trustworthy to review your case and find any options that might exist short of leaving the US. Laura and Lizz offer free initial consultations.
However, even if he does have to leave, the fact that he's not currently under any immigration proceedings leaves you with a lot of freedom to time the process of going abroad for a visa, and several recent procedure changes have made it so that his time outside the country could be minimal, as short as a few weeks or less. Waivers for the 10-year ban are now filed at a lockbox in the US and although processing times have plateaued in recent weeks, the were under 90 days. But even more promising is that any day now, between now and the end of the year, an announcement is expected to be made detailing the launching of a Provisional Waiver program for people whose ONLY immigration inadmissibility is the 9B ban (3 or 10-yr unlawful presence ban). The Provisional Waiver would allow him to file the hardship waiver while still in the US, wait for it to be approved, and then go to his visa interview with a provisionally-approved waiver in-hand, allowing him to be immediately able to be given the visa when he goes to Lebanon. You can track this change and any announcements related to it at immigrate2us on this thread: http://immigrate2us.net/forum/showthread.php?107264-Proposed-Provisional-Waiver-Change-for-9B-ban-discussion-and-information
This is something that one of the above-mentioned lawyers would discuss with you, as all good waiver lawyers are preparing for this new change. Don't lose hope, but prepare to spend some money on the waiver process. And definitely check out immigrate2us, there is a lot of information available there.

This is definitely a tricky situation. It doesn't sound from the description that he's eligible for any paths to adjustment of status in the US, but I wouldn't close off that entire line of possibility until a really good lawyer has reviewed the case. Shusterman in LA is top-quality, you can trust him, but there are others who may be less costly due to being less high-profile. The three linked in my signature definitely would be trustworthy to review your case and find any options that might exist short of leaving the US. Laura and Lizz offer free initial consultations.
However, even if he does have to leave, the fact that he's not currently under any immigration proceedings leaves you with a lot of freedom to time the process of going abroad for a visa, and several recent procedure changes have made it so that his time outside the country could be minimal, as short as a few weeks or less. Waivers for the 10-year ban are now filed at a lockbox in the US and although processing times have plateaued in recent weeks, the were under 90 days. But even more promising is that any day now, between now and the end of the year, an announcement is expected to be made detailing the launching of a Provisional Waiver program for people whose ONLY immigration inadmissibility is the 9B ban (3 or 10-yr unlawful presence ban). The Provisional Waiver would allow him to file the hardship waiver while still in the US, wait for it to be approved, and then go to his visa interview with a provisionally-approved waiver in-hand, allowing him to be immediately able to be given the visa when he goes to Lebanon. You can track this change and any announcements related to it at immigrate2us on this thread: http://immigrate2us.net/forum/showthread.php?107264-Proposed-Provisional-Waiver-Change-for-9B-ban-discussion-and-information
This is something that one of the above-mentioned lawyers would discuss with you, as all good waiver lawyers are preparing for this new change. Don't lose hope, but prepare to spend some money on the waiver process. And definitely check out immigrate2us, there is a lot of information available there.

This is a helpful post by a lawyer on how to assemble affidavits for immigration purposes:
http://www.goldengateimmigration.com/2012/04/nine-essential-elements-of-a-character-reference-letter/

I'm sad that so many VisaJourney members are so badly informed about US immigration law when it comes to inadmissibility. Yes, you have now incurred the 10-year ban under INA 212(a)(9)(B), but there IS a waiver available through your dad, even if he's only a permanent resident and not US citizen. Let's look at the law, shall we? Always a good thing to try if you're going to tell someone their legal options and start suggesting "giving up" for the next 10 years.

In other words, you're banned for 10 years, the time when you were under 18 didn't count but since you spent 2 more years in the US after that, the ban applies all the same. However, if your father can file a complete packet demonstrating the hardship he would experience if you were banned for 10 years, you have a chance at a visa. Things to do RIGHT NOW:
1) Talk to a lawyer. Any of the three linked in my signature are good, trustworthy choices who know their stuff and would have a good idea if you have a shot at a visa.
2) Join immigrate2us.net. These kinds of situations are common knowledge around there and you can get a lot of good, informed advice from people familiar with the law as it applies to people in your situation.
Your presence in the US not only can be detected by officials through any means they want, but actually, it was supposed to have been specified on documents filed up to this point, and I would be concerned about submitting any DS-230 or other paperwork that fails to acknowledge your unlawful presence in the US, as it could be (rightfully) construed as misrepresentation for the purpose of attempting to et a visa. Also talk to one of those lawyers about how to correct this situation if you have filed paperwork that didn't mention your presence in the US.
Also, I highlighted the section of the law that states that the ban began WHEN YOU LEFT THE US, not when you attend the interview. Please, VisaJourney members, try to familiarize yourself with the law you're referring to before you tell people legal information. Immigration is a complex area of law, and the fact that this is a DIY site is awesome, but we've got to avoid blatant misinformation, too, or the quality of this site is diminished!
You're in a rough situation, but this isn't the end. There is hope. Good luck!

I'm sad that so many VisaJourney members are so badly informed about US immigration law when it comes to inadmissibility. Yes, you have now incurred the 10-year ban under INA 212(a)(9)(B), but there IS a waiver available through your dad, even if he's only a permanent resident and not US citizen. Let's look at the law, shall we? Always a good thing to try if you're going to tell someone their legal options and start suggesting "giving up" for the next 10 years.

In other words, you're banned for 10 years, the time when you were under 18 didn't count but since you spent 2 more years in the US after that, the ban applies all the same. However, if your father can file a complete packet demonstrating the hardship he would experience if you were banned for 10 years, you have a chance at a visa. Things to do RIGHT NOW:
1) Talk to a lawyer. Any of the three linked in my signature are good, trustworthy choices who know their stuff and would have a good idea if you have a shot at a visa.
2) Join immigrate2us.net. These kinds of situations are common knowledge around there and you can get a lot of good, informed advice from people familiar with the law as it applies to people in your situation.
Your presence in the US not only can be detected by officials through any means they want, but actually, it was supposed to have been specified on documents filed up to this point, and I would be concerned about submitting any DS-230 or other paperwork that fails to acknowledge your unlawful presence in the US, as it could be (rightfully) construed as misrepresentation for the purpose of attempting to et a visa. Also talk to one of those lawyers about how to correct this situation if you have filed paperwork that didn't mention your presence in the US.
Also, I highlighted the section of the law that states that the ban began WHEN YOU LEFT THE US, not when you attend the interview. Please, VisaJourney members, try to familiarize yourself with the law you're referring to before you tell people legal information. Immigration is a complex area of law, and the fact that this is a DIY site is awesome, but we've got to avoid blatant misinformation, too, or the quality of this site is diminished!
You're in a rough situation, but this isn't the end. There is hope. Good luck!

Hello Shenayth, and welcome to VJ.
I am sorry you are in this situation. Always remember that lying to USCIS will get you a lifetime bar for misrepresentation. Telling the truth gives you a fighting chance. Check out the link below. It is Immigrate2US and they specialize in hardship cases. Good luck.
http://immigrate2us.net/forum/content.php

I'm sad that so many VisaJourney members are so badly informed about US immigration law when it comes to inadmissibility. Yes, you have now incurred the 10-year ban under INA 212(a)(9)(B), but there IS a waiver available through your dad, even if he's only a permanent resident and not US citizen. Let's look at the law, shall we? Always a good thing to try if you're going to tell someone their legal options and start suggesting "giving up" for the next 10 years.

In other words, you're banned for 10 years, the time when you were under 18 didn't count but since you spent 2 more years in the US after that, the ban applies all the same. However, if your father can file a complete packet demonstrating the hardship he would experience if you were banned for 10 years, you have a chance at a visa. Things to do RIGHT NOW:
1) Talk to a lawyer. Any of the three linked in my signature are good, trustworthy choices who know their stuff and would have a good idea if you have a shot at a visa.
2) Join immigrate2us.net. These kinds of situations are common knowledge around there and you can get a lot of good, informed advice from people familiar with the law as it applies to people in your situation.
Your presence in the US not only can be detected by officials through any means they want, but actually, it was supposed to have been specified on documents filed up to this point, and I would be concerned about submitting any DS-230 or other paperwork that fails to acknowledge your unlawful presence in the US, as it could be (rightfully) construed as misrepresentation for the purpose of attempting to et a visa. Also talk to one of those lawyers about how to correct this situation if you have filed paperwork that didn't mention your presence in the US.
Also, I highlighted the section of the law that states that the ban began WHEN YOU LEFT THE US, not when you attend the interview. Please, VisaJourney members, try to familiarize yourself with the law you're referring to before you tell people legal information. Immigration is a complex area of law, and the fact that this is a DIY site is awesome, but we've got to avoid blatant misinformation, too, or the quality of this site is diminished!
You're in a rough situation, but this isn't the end. There is hope. Good luck!

I'm sad that so many VisaJourney members are so badly informed about US immigration law when it comes to inadmissibility. Yes, you have now incurred the 10-year ban under INA 212(a)(9)(B), but there IS a waiver available through your dad, even if he's only a permanent resident and not US citizen. Let's look at the law, shall we? Always a good thing to try if you're going to tell someone their legal options and start suggesting "giving up" for the next 10 years.

In other words, you're banned for 10 years, the time when you were under 18 didn't count but since you spent 2 more years in the US after that, the ban applies all the same. However, if your father can file a complete packet demonstrating the hardship he would experience if you were banned for 10 years, you have a chance at a visa. Things to do RIGHT NOW:
1) Talk to a lawyer. Any of the three linked in my signature are good, trustworthy choices who know their stuff and would have a good idea if you have a shot at a visa.
2) Join immigrate2us.net. These kinds of situations are common knowledge around there and you can get a lot of good, informed advice from people familiar with the law as it applies to people in your situation.
Your presence in the US not only can be detected by officials through any means they want, but actually, it was supposed to have been specified on documents filed up to this point, and I would be concerned about submitting any DS-230 or other paperwork that fails to acknowledge your unlawful presence in the US, as it could be (rightfully) construed as misrepresentation for the purpose of attempting to et a visa. Also talk to one of those lawyers about how to correct this situation if you have filed paperwork that didn't mention your presence in the US.
Also, I highlighted the section of the law that states that the ban began WHEN YOU LEFT THE US, not when you attend the interview. Please, VisaJourney members, try to familiarize yourself with the law you're referring to before you tell people legal information. Immigration is a complex area of law, and the fact that this is a DIY site is awesome, but we've got to avoid blatant misinformation, too, or the quality of this site is diminished!
You're in a rough situation, but this isn't the end. There is hope. Good luck!

I'm sad that so many VisaJourney members are so badly informed about US immigration law when it comes to inadmissibility. Yes, you have now incurred the 10-year ban under INA 212(a)(9)(B), but there IS a waiver available through your dad, even if he's only a permanent resident and not US citizen. Let's look at the law, shall we? Always a good thing to try if you're going to tell someone their legal options and start suggesting "giving up" for the next 10 years.

In other words, you're banned for 10 years, the time when you were under 18 didn't count but since you spent 2 more years in the US after that, the ban applies all the same. However, if your father can file a complete packet demonstrating the hardship he would experience if you were banned for 10 years, you have a chance at a visa. Things to do RIGHT NOW:
1) Talk to a lawyer. Any of the three linked in my signature are good, trustworthy choices who know their stuff and would have a good idea if you have a shot at a visa.
2) Join immigrate2us.net. These kinds of situations are common knowledge around there and you can get a lot of good, informed advice from people familiar with the law as it applies to people in your situation.
Your presence in the US not only can be detected by officials through any means they want, but actually, it was supposed to have been specified on documents filed up to this point, and I would be concerned about submitting any DS-230 or other paperwork that fails to acknowledge your unlawful presence in the US, as it could be (rightfully) construed as misrepresentation for the purpose of attempting to et a visa. Also talk to one of those lawyers about how to correct this situation if you have filed paperwork that didn't mention your presence in the US.
Also, I highlighted the section of the law that states that the ban began WHEN YOU LEFT THE US, not when you attend the interview. Please, VisaJourney members, try to familiarize yourself with the law you're referring to before you tell people legal information. Immigration is a complex area of law, and the fact that this is a DIY site is awesome, but we've got to avoid blatant misinformation, too, or the quality of this site is diminished!
You're in a rough situation, but this isn't the end. There is hope. Good luck!

I'm sad that so many VisaJourney members are so badly informed about US immigration law when it comes to inadmissibility. Yes, you have now incurred the 10-year ban under INA 212(a)(9)(B), but there IS a waiver available through your dad, even if he's only a permanent resident and not US citizen. Let's look at the law, shall we? Always a good thing to try if you're going to tell someone their legal options and start suggesting "giving up" for the next 10 years.

In other words, you're banned for 10 years, the time when you were under 18 didn't count but since you spent 2 more years in the US after that, the ban applies all the same. However, if your father can file a complete packet demonstrating the hardship he would experience if you were banned for 10 years, you have a chance at a visa. Things to do RIGHT NOW:
1) Talk to a lawyer. Any of the three linked in my signature are good, trustworthy choices who know their stuff and would have a good idea if you have a shot at a visa.
2) Join immigrate2us.net. These kinds of situations are common knowledge around there and you can get a lot of good, informed advice from people familiar with the law as it applies to people in your situation.
Your presence in the US not only can be detected by officials through any means they want, but actually, it was supposed to have been specified on documents filed up to this point, and I would be concerned about submitting any DS-230 or other paperwork that fails to acknowledge your unlawful presence in the US, as it could be (rightfully) construed as misrepresentation for the purpose of attempting to et a visa. Also talk to one of those lawyers about how to correct this situation if you have filed paperwork that didn't mention your presence in the US.
Also, I highlighted the section of the law that states that the ban began WHEN YOU LEFT THE US, not when you attend the interview. Please, VisaJourney members, try to familiarize yourself with the law you're referring to before you tell people legal information. Immigration is a complex area of law, and the fact that this is a DIY site is awesome, but we've got to avoid blatant misinformation, too, or the quality of this site is diminished!
You're in a rough situation, but this isn't the end. There is hope. Good luck!

I'm sad that so many VisaJourney members are so badly informed about US immigration law when it comes to inadmissibility. Yes, you have now incurred the 10-year ban under INA 212(a)(9)(B), but there IS a waiver available through your dad, even if he's only a permanent resident and not US citizen. Let's look at the law, shall we? Always a good thing to try if you're going to tell someone their legal options and start suggesting "giving up" for the next 10 years.

In other words, you're banned for 10 years, the time when you were under 18 didn't count but since you spent 2 more years in the US after that, the ban applies all the same. However, if your father can file a complete packet demonstrating the hardship he would experience if you were banned for 10 years, you have a chance at a visa. Things to do RIGHT NOW:
1) Talk to a lawyer. Any of the three linked in my signature are good, trustworthy choices who know their stuff and would have a good idea if you have a shot at a visa.
2) Join immigrate2us.net. These kinds of situations are common knowledge around there and you can get a lot of good, informed advice from people familiar with the law as it applies to people in your situation.
Your presence in the US not only can be detected by officials through any means they want, but actually, it was supposed to have been specified on documents filed up to this point, and I would be concerned about submitting any DS-230 or other paperwork that fails to acknowledge your unlawful presence in the US, as it could be (rightfully) construed as misrepresentation for the purpose of attempting to et a visa. Also talk to one of those lawyers about how to correct this situation if you have filed paperwork that didn't mention your presence in the US.
Also, I highlighted the section of the law that states that the ban began WHEN YOU LEFT THE US, not when you attend the interview. Please, VisaJourney members, try to familiarize yourself with the law you're referring to before you tell people legal information. Immigration is a complex area of law, and the fact that this is a DIY site is awesome, but we've got to avoid blatant misinformation, too, or the quality of this site is diminished!
You're in a rough situation, but this isn't the end. There is hope. Good luck!

I'm sad that so many VisaJourney members are so badly informed about US immigration law when it comes to inadmissibility. Yes, you have now incurred the 10-year ban under INA 212(a)(9)(B), but there IS a waiver available through your dad, even if he's only a permanent resident and not US citizen. Let's look at the law, shall we? Always a good thing to try if you're going to tell someone their legal options and start suggesting "giving up" for the next 10 years.

In other words, you're banned for 10 years, the time when you were under 18 didn't count but since you spent 2 more years in the US after that, the ban applies all the same. However, if your father can file a complete packet demonstrating the hardship he would experience if you were banned for 10 years, you have a chance at a visa. Things to do RIGHT NOW:
1) Talk to a lawyer. Any of the three linked in my signature are good, trustworthy choices who know their stuff and would have a good idea if you have a shot at a visa.
2) Join immigrate2us.net. These kinds of situations are common knowledge around there and you can get a lot of good, informed advice from people familiar with the law as it applies to people in your situation.
Your presence in the US not only can be detected by officials through any means they want, but actually, it was supposed to have been specified on documents filed up to this point, and I would be concerned about submitting any DS-230 or other paperwork that fails to acknowledge your unlawful presence in the US, as it could be (rightfully) construed as misrepresentation for the purpose of attempting to et a visa. Also talk to one of those lawyers about how to correct this situation if you have filed paperwork that didn't mention your presence in the US.
Also, I highlighted the section of the law that states that the ban began WHEN YOU LEFT THE US, not when you attend the interview. Please, VisaJourney members, try to familiarize yourself with the law you're referring to before you tell people legal information. Immigration is a complex area of law, and the fact that this is a DIY site is awesome, but we've got to avoid blatant misinformation, too, or the quality of this site is diminished!
You're in a rough situation, but this isn't the end. There is hope. Good luck!

Sorry to read your story.
'I'm wondering if I can get another one from the Philippines after I divorce'
Interesting wording...like a commodity? I should imagine looking for 'another one' should be the furthest thing from your mind right now.

Honestly, most of the questions that wouldn't apply to an infant are qualified by "if applicable" or "if over age 16" and so on, and the rest (phone number, address, etc.) you can just enter your info there since it should be the same. It's not a very big deal, only 2 pages, just fill out each section the best that you can, leave blank the sections that say if applicable or if over 16. I did the DS-11 for my son when he was a newborn, and went through the fun of obtaining my husband's consent from a separate country, so I know it can be aggravating, but once you've got that passport, baby's good to go for 5 more years so just jump through those hoops!
<div><br></div><div>VanessaAndTony, both the title of the thread and the forum it sits in specify the CRBA process. Most people who have posted info in this thread are very familiar with CRBAs and the forms involved and don't necessarily require a link to the forms referenced. I don't think it's necessary to chastise the OP for this, and although your expertise is quite useful around the forum, you don't need to feel compelled to comment in every section, particularly one in which you may not have personal experience or specific advice to help answer the questions asked.</div>

Honestly, most of the questions that wouldn't apply to an infant are qualified by "if applicable" or "if over age 16" and so on, and the rest (phone number, address, etc.) you can just enter your info there since it should be the same. It's not a very big deal, only 2 pages, just fill out each section the best that you can, leave blank the sections that say if applicable or if over 16. I did the DS-11 for my son when he was a newborn, and went through the fun of obtaining my husband's consent from a separate country, so I know it can be aggravating, but once you've got that passport, baby's good to go for 5 more years so just jump through those hoops!
<div><br></div><div>VanessaAndTony, both the title of the thread and the forum it sits in specify the CRBA process. Most people who have posted info in this thread are very familiar with CRBAs and the forms involved and don't necessarily require a link to the forms referenced. I don't think it's necessary to chastise the OP for this, and although your expertise is quite useful around the forum, you don't need to feel compelled to comment in every section, particularly one in which you may not have personal experience or specific advice to help answer the questions asked.</div>

My fiancee and I just went through the same process... it took her 2 1/2 years to get the patria potestad. Her daughters father was "absent" and abandoned her. She was never married. Needless to say, this process was grueling and extremely difficult. We changed lawyers 3 times due to all of them being useless pieces of #######. The whole process cost less than $1000 dollars. my thoughts to you would be to spend more and get a lawyer that specializes in this type of case, was educated in the U.S., and speaks English. Be careful, as any lawyer that you talk to in Mexico, regardless of whether they can help you or not is going to tell you they can, that it is really easy, and that it will only take three months. Don't pay up front as we found they will just drag it on and on and on. We found one lawyer who gave us really good advice and said that lawyers in Mexico typically will charge a small fee per appearance and will just drag the case on and on in order to get this small fee - they don't care about completing the case. I found that you need to stay as close as possible to the process, study it, and understand exactly how every bit of it works to make sure you aren't getting screwed. Honestly, if the father is against her coming here you are better off just trying to convince him and paying him off if you have to. All he needs to do is sign on letter saying she can move here permanently and it is done. Mexico has a machismo culture and I think it will be difficult to convince a court that she can move away if he doesn't want her to, regardless of whether he pays child support or not. The only other way is to do what we did and prove that the father is "no where to be found" and has abandoned her. The court will require that you search for him and prove it. They will basically make you serve papers at all of his past addresses and any addresses that the Mexican government has for him. If he never shows up for court it can be considered that he abandoned his daughter. Convincing him that his daughter will have a better life in the U.S., and will love him for it, and paying him off is just sooo much easier... send me a private message if you like and I can share any further details with you.

It's very likely that you will be put into removal unless you live in an area where prosecutorial discretion is used a lot (when the immi judge decides to suspend removal proceedings, allowing you to remain). Don't skip the court hearing as this activates a 5-year ban from US visas which can't be waived, even with extreme hardship to a US citizen spouse, under INA 212a6B. If you don't have a lawyer specialized in VAWA as well as removal working with you, now is the time to get one!!!

It's very likely that you will be put into removal unless you live in an area where prosecutorial discretion is used a lot (when the immi judge decides to suspend removal proceedings, allowing you to remain). Don't skip the court hearing as this activates a 5-year ban from US visas which can't be waived, even with extreme hardship to a US citizen spouse, under INA 212a6B. If you don't have a lawyer specialized in VAWA as well as removal working with you, now is the time to get one!!!

Perhaps, but when a country gets TPS designation, it gets pretty hard for any of its citizens to get US visas, whether or not people are claiming TPS status from that country. Not to mention when country conditions warrant TPS, very few people there are in a position to seek a US visa. The US Embassy in Syria has been closed due to the unrest since February, and I doubt there are many Syrians trying to come to the US as tourists right now - pretty sure they have bigger problems to worry about.