QUESTION

i am a us citizen and want to know how i can get started on fixing my son''s father''s legal status and would like an estimate of how long it would take

Asked on Dec 07th, 2011 on Immigration - New Mexico
More details to this question:
he was involved in a car accident and was detained by ice and paid his voluntary leave to mexico.his only charges found guilty are unlawful acts and failure to display proof of insurance.hes been in mexico since november 2010.and has no criminal record.we have not married yet, for i do not know if i should marry him in mexico or at the border or if it makes a difference. an answer to my questions would be very helpful for my situation and would be greatly appreciated.THANK YOU
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1 ANSWER

Thank you for your question. If he was provided voluntary departure and does not have any criminal or immigration issues that would render him inadmissible, he may be able to process for an immigrant visa through a U.S. Consulate in Mexico. Much depends on whether he does have any criminal or immigration issues that render him inadmissible.  If yes, he may require an immigrant waiver in order to qualify for an immigrant visa. If there are no admissibility issues, you could sponsor him for a K-1 fiancee visa if you wish to wait and marry in the U.S. or sponsor him for permanent residency (immigrant visa) if you marry now while he is in Mexico.  You can find useful info at: http://www.familytousa.com/fiance-petition-k-1-visa/ http://www.familytousa.com/immigrant-visa-processingconsu/ First you really need to consult with an experienced immigration attorney who can review his complete history, determine whether he has any admissibility issues and discuss potential options for him to return to the U.S. based on your relationship.  Every case is different, and you will not obtain accurate information unless an experienced immigration attorney can review his very specific facts. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  
Answered on Dec 08th, 2011 at 5:47 PM

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