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Wilton A. Person
Wilton A. Person, Immigration Lawyer
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I would like to know how to fill up a I-130 petition for my

Resolved Question:

I would like to know how to fill up a I-130 petition for my son and get more information about this case. He is 12 years old and enter the USA without inspection 11 years ago. My wife is a USA Citizen, and I got my green card about 6 month ago. We researched, and found that she can fill up an adjustment of status petition as her stepmother. We also found that my son will have to adjustment his status abroad since he entered the States w/inspection. By the way, we entered my son's information in my adjustment of status petition, but we didn't file him at the same time.
I would like to double check that what I know so far is correct, and how to fill up the I-130 form correctly, specially option 1, where there is not a stepchild option, and question 22, the City where my child will have to apply for a visa. Is it Ciudad
Juarez, Mexico, since he was born in Mexico?
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Wilton A. Person replied 4 years ago.

Your son would be considered to be a child of your wife for immigration purposes. There is not an independent stepchild option on the form.

 

Your son could apply at any US consulate in Mexico. Ciudad Juarez would probably not be a good option at all considering the recent violence that is occurring in that city.

 

Does your son have family that he can stay with in Mexico while his application is being processed?

 

 



Edited by Wilton A. Person on 3/19/2010 at 6:28 PM EST
Expert:  Wilton A. Person replied 4 years ago.
Otherwise, you and your wife can just fly down a week in advance with your son prior to the interview date to have the medical evaluation. After the medical evaluation, interview and obtaining the visa, your family can return to the US.
Customer: replied 4 years ago.
Mr. Wilton,
Could you please answer these last questions?

How long does the whole process will take after submitting the application? and

Is there any USA embassy in Mexico you would recommend to have my son's interview?

Thank you very much.

You've been very helpful.

Respectfully,

JM
Expert:  Wilton A. Person replied 4 years ago.

You can expect up to a year for the entire process. My recommendation would be Merida because of its relative close proximity to Cancun. In general, U.S. consulates in Mexico that are close to popular U.S. tourist locations are the safest and Merida from most accounts seems to be relatively safe. The contact information for the U.S. Consulate in Merida is below.

 

  • Merida: 338-K Calle 60, Colonia Alcala Martin, telephone (52)(999)(NNN) NNN-NNNN
  •  

    You are welcome.

    Wilton A. Person, Immigration Lawyer
    Category: Immigration Law
    Satisfied Customers: 4147
    Experience: Knowledgeable and experienced immigration lawyer.
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