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Waiver denied / approved while remaining in the US, Mexico Immigrant

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  • Waiver denied / approved while remaining in the US, Mexico Immigrant

    My wife entered the US illegally when she was 9 years old, she currently has DACA. We have been married for 7 years now and have completed the I-130 part of the process. Our lawyer stated that the adjustment of status can now be approved in US vs spending 4-16 Months in Mexico waiting for it. He mentioned we would now only have to go visit the consulate in Ciudad Ju?rez for a very short time to confirm no crimes in Mexico. He mentioned roughly just a day or two for fingerprinting, background check, and health check. Does this sound correct, and has anyone else been through this process?

  • #2
    It is true that she can wait the 16 months for waiver adjudication while remaining within the United States, and it is true that once approved she can travel to a consulate abroad to pick up her immigrant visa. However, there can be setbacks and issues that make the trip more than just 2 days, and she should plan to spend at least 2 weeks abroad to handle any contingencies that come up. You can read through timelines and user experiences at

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    • #3
      Originally posted by Jch360 View Post
      My wife entered the US illegally when she was 9 years old, she currently has DACA. We have been married for 7 years now and have completed the I-130 part of the process. Our lawyer stated that the adjustment of status can now be approved in US vs spending 4-16 Months in Mexico waiting for it. He mentioned we would now only have to go visit the consulate in Ciudad Ju?rez for a very short time to confirm no crimes in Mexico. He mentioned roughly just a day or two for fingerprinting, background check, and health check. Does this sound correct, and has anyone else been through this process?
      I'm not sure whether you wrote the terminology wrong or your lawyer told you incorrect terminology. He's saying that the waiver for the unlawful presence ban can be applied for in the US, with I-601A, for a "provisional waiver", so she knows the result before leaving the US, rather than applying for the waiver abroad, where she will be stuck abroad if she is denied. If she has an approved provisional waiver, the process at the consulate is pretty quick.

      (She is not doing "Adjustment of Status" in the US. If she has to go to the consulate outside the US, that means she is doing Consular Processing abroad for an immigrant visa, not Adjustment of Status. (She is not eligible for Adjustment of Status because she entered illegally.))

      By the way, at what age did she get DACA? If she got it before age 18.5 and has had it continuously until now, then she probably doesn't even need a waiver.

      This is my personal opinion and is not to be construed as legal advice.

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