Is it possible if we file for visa application?

Me and my husband have been married since 2004 we have already receive the approval notice in 2005 have received nothing on appointment date. We have not filed the application for visa yet because we were told since he came here from Mexico that nothing else can be done is it possible if we file for visa application? Would he be approved and would our appointment be in juries Mexico?

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Answered By: Fong & Associates

Not enough information, but if you are a US citizen and you have the approved I-130, but he cannot file for his adjustment of status, then the next step is to apply for the visa at his home consulate. Please note that depending on his manner of entry, immigration and criminal violations, that he will need a waiver for these violations.

Answer Applies to: Texas
Replied: 10/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Christine Troy

It sounds like you filed the I130 petition when you were a green card holder. Is that correct? You need to see ifthe priority date is current so you can move to the green card portion. If you wait until you are a USC, then you can move forward right away. If he entered illegally then he needs to process through Juarez. You must file an extreme hardship waiver. Please have a full consult with a competent immigration attorney to fully evaluatehis case for problems and your potential for success in the waiver. Once he leaves he will trigger a ten year bar at the least.

Answer Applies to: California
Replied: 10/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Grinberg and Segal

I assume your husband crossed the border illegally. If so, he cannot adjust his status to a permanent resident in the United States. The only relief he may be able to seek in the United States is cancellation of removal. However, this requires your husband to first be in removal proceedings. Second, he must have resided in the U.S. for 10 years before issuance of a Notice to Appear, must not have a criminal record, must be a person of good moral character, and show exceptional and unusual hardship to a qualifying relative. This is a difficult standard to sustain as separation is not enough. He could return to Mexico and process through the U.S. Consulate, but upon leaving the U.S. he would trigger a 10 year bar to readmission. This can be waived by showing extreme hardship (different than cancellation of removal) to you. This is a very complex matter and it would be best if you discuss the matter in more detail with an attorney before making a decision.

Answer Applies to: New York
Replied: 10/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Kenneth Wincorn P.C.

See an attorney to see why the delay has happened. This is extremely long for an appointment and your attorney can get an appointment to see what needs to be done.

Answer Applies to: Texas
Replied: 10/18/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: World Esquire Law Firm

If one of you is a USC and the other one came to the US with a visa from any country including Mexico, then things should have moved a lot faster. If he came to the US without a visa, then he will need to return to Mexico before he is granted an immigrant visa to come to the US legally. You will need a lawyer on this since I think that the lack of knowledge in these cases sometimes makes it a lot harder than they are. You need to consult with an Attorney who can look at your paperwork and let you know what you have and how long it will take for the various stages that you should expect to go through.

Answer Applies to: California
Replied: 10/18/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.