QUESTION
Can my biological father file papers for me?
Asked on Dec 30th, 2011 on Immigration - California
More details to this question:
I am born in Mexico but my parents brought me here 18 years ago when I was just an infant. My fiance is currently expecting a baby in Jan. I was told I would have to go back to Mexico to file for legal papers with the U.S. consulate if I was to marry. If I cannot file the papers, I cannot return for around 3-10 years. Can my biological father in Mexico file these papers for me so that I don't have to leave the U.S.?
10 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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No.
Answered on May 30th, 2013 at 10:13 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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You are getting some erroneous or confusing information. If you are less than 18 years 6 months it is urgent to contact an immigration attorney; if older than that you still need a consultation from someone who knows your whole situation and can advise you properly. Unless your biological father is a U.S. citizen then a spouse is likely to be more helpful as a petitioner depending on your age.
Answered on Jan 16th, 2012 at 7:15 PM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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Based on what you indicated here, I believe that you can adjust your status without returning to Mexico so long as you are willing to take your case to an immigration judge.
Answered on Jan 16th, 2012 at 8:37 AM
No, you actually have to make the application for the waiver on the basis of showing extreme hardship to a US citizen spouse in order to see if you can qualify for a waiver of the 3/10 year bar to reentry and to get a visa to reenter. If you just turned 18 within the past 6 months, you may not be barred from reentry for 3/10 years but you would have to depart the US immediately and wait for the visa. You start accruing unlawful presence time only once you turn 18 but if it is fewer than 180 days since your 18th birthday, you would not be barred.
Answered on Jan 13th, 2012 at 7:48 PM
Leon Wildes
Your biological father cannot replace you if you must return to Mexico to process your case.
Answered on Jan 13th, 2012 at 2:25 PM
You should take advantage of the changes that are coming down the pipeline for waivers.
Answered on Jan 13th, 2012 at 11:55 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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No. At this time we are waiting for regulations regarding the processing of the waiver. The new announcement is that you will have to wait in Mexico for the processing of the waiver but it seems that you will have to go to the interview.
Answered on Jan 13th, 2012 at 11:53 AM
Criminal Law Attorney serving Newport Beach, CA
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Right Choice Law
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You need to consult with an attorney because the Obama administration recently issued an notice of intent whereby the intentions are to permit persons with immediate relatives of US citizens having their unlawful presence waived while in the U.S. However, that may still require leaving to process paperwork but significantly reduce the time in native country because the waiver would be processed in the U.S.
Answered on Jan 13th, 2012 at 8:47 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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No he cannot. You may want to speak to an immigration attorney to see if you qualify for 245i. The other issue is you may want to follow the new proposal which if passed would allow people to file for a 601 waiver without leaving the US.
Answered on Jan 13th, 2012 at 8:37 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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The problem will be the same: if you entered the US illegally, you may not adjust status unless you are protected by 245i.
Answered on Jan 13th, 2012 at 8:33 AM