QUESTION
Is it faster if I filed my father's adjustment of status in the USA or in Mexico?
Asked on Nov 10th, 2014 on Immigration - California
More details to this question:
I am a US citizen and I would like to apply for a green card for my father. He lives in Mexico and he currently has a valid visa to enter the USA. He has never had a problem with immigration and he has never stayed more than 6 months when he visited the country. My question is if it is faster for him to get his green card if he applies inside the USA and filed the form 1-485 for adjustment of status or if it is the same amount of time if I make the petition and he waits in Mexico? Is there a timing difference?
3 ANSWERS
Business Immigration Attorney serving Houston, TX
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Quan Law Group, PLLC
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Normally, adjustment in the US is faster, but there are some concerns if he enters for the sole purpose of adjustment of status. On average, we see in country adjustment taking 6 months while consular processing takes about 1 year.
Answered on Nov 12th, 2014 at 11:44 AM
Yes, it is faster to do adjustment of status in the US than go through consular processing; however, if he is not already in the US, he cannot enter the US with the intent of adjusting status right away. If he enters as a visitor, you have to wait at least 90 days before you start the process so that it does not look like misrepresentation of intent at the time of entry.
Answered on Nov 11th, 2014 at 5:35 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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It is easier and quicker if he files for adjustment of status while in the US. Just consult with an experienced immigration lawyer before applying.
Answered on Nov 11th, 2014 at 5:35 PM