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I married a Mexican Citizen who has a visa to cross to the…

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I married a Mexican Citizen...
I married a Mexican Citizen who has a visa to cross to the U.S. We have been married two years. If we apply for permanent residency for him, on the U.S. side, will he be able to cross to Mexico? Will the take is laser visa? What other documentation would he need while we wait for the permission? Is it better that he waits for it on the Mexican side? He has a house on the Mexican side.
Submitted: 8 years ago.Category: Immigration Law
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Answered in 5 minutes by:
6/18/2010
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,056
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, or at the time of application for admission, that he is entitled to a nonimmigrant status...

 

Given that the law puts the burden on him to prove he is not an intending immigrant, the filing of an I-130 will make it impossible for him to overcome that burden of proof. He is married to a US citizen who has filed an immigrant petition for him.

 

He will have to wait in Mexico for his immigrant visa processing. If he enters the US as a tourist and then files for adjustment of status he can be accused of fraud on entry because he was not coming to the US as a tourist, he is married to a US citizen and knew at entry he was going to stay and apply. If he is accused of fraud or misrepresentation of his intent at entry he could be found inadmissible forever!

 

So to do it right he will have to wait in Mexico and the process takes 6-8 months.

 

Judith

 

promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

 

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Customer reply replied 8 years ago

So it is not true what they are telling me that he can wait on the U.S. side, while the I-130 is going through with a I-64 6-month permission form? His laser visa is for crossing the border which allows him to be here at least for 30 days at a time. There would be a problem with him waiting with these two types of forms? I live on the Arizona border.

Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago

If he enters the country and tells the inspector he is coming as a visitor and then he files for adjustment of status with your I-130 he can be denied adjustment based on misrepresenting the intent of his entry.

 

INA 212 (6)C) Misrepresentation.-


(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. Not inadmissible for 5/10/20/25/ years. Inadmissible PERIOD.

 

That is his risk of entering with his visa and getting an I-94 and then filing for adjustment of status.

I would say that could be a serious problem.

 

Judith

 

promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

 

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Customer reply replied 8 years ago
Relist: Incomplete answer.
I would like an expert---not in business immigration but in family immigration and one that is closer to the border areas that handles these cases more frequently. I'm not sure the answer I was given is correct based upon experiences in the southwest border area.
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