QUESTION
How do I go about filing FOR I-130 from another country?
Asked on Mar 24th, 2012 on Immigration - California
More details to this question:
My husband and I moved back to Brazil a while ago. I am a US citizen but I want to go back to US. Can I apply to him from another country? Also he had been caught in 2007 entering illegal into the US from Mexico. Still possible to apply to him?
6 ANSWERS
Yes, you file your application in the US.
Answered on Mar 28th, 2012 at 4:28 PM
He is probably barred from reentry to the US for 10 years because of his unlawful entry attempt in 2007.
Answered on Mar 28th, 2012 at 1:51 PM
2 Awards
Yes go to USCIS.gov
Answered on Mar 28th, 2012 at 1:29 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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you should file I-130, visa petition for him and once approved, file additional forms and paper with the national visa center. Then he will be interviewed at the US embassy. His 2007 illegal entry and deportation should only bar him for 5 years so he should be okay.
Answered on Mar 28th, 2012 at 12:33 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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If you are legally residing abroad and we have a USCIS office attached to the consulate, you can apply there. Otherwise you want to be in the US to file the I130 petition for your husband. You should bring his removal orders from the border to a competent immigration attorney specializing in removal to analyze. Since it has been more than five years, that will probably not be a bar to your application.
Answered on Mar 28th, 2012 at 11:50 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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Yes you can apply in Brazil. If he was deported or lied to the officer about his nationality, he will have to apply for waivers.
Answered on Mar 28th, 2012 at 11:06 AM