MEXICO

Waivers Exist for Unlawful Presence in the United States, Certain Crimes, Misrepresentation, a Previous Deportation

There is a Special Program in Mexico for Fast-Track Processing of Waivers:

In March 2007, the USCIS Ciudad Juarez Office, in conjunction with the US State Department implemented a new pilot program to provide same day adjudication of many I-601 Waivers of Excludability. For intending immigrants that require consular immigrant visa processing and have also been found inadmissible by a consular officer, they are often allowed to file a waiver to overcome various immigration and criminal violations, and health related inadmissibilities. In the past, applicants had to wait over 6 months and sometimes over a year to get a decision on their waiver application. This meant that they would be separated from their families for at least that amount of time. Warren Janssen, the Officer-in-Charge of the USCIS Ciudad Juarez office stated, "this ground making pilot program makes sense and ensures that qualifying immigrants return to their families without unnecessary delays. Those applicants that file a well prepared I-601 and who otherwise do not have any serious adverse issues to be addressed will, in many cases, be approved and be able to receive their visas on the same day."

This pilot program has now become permanent as of August 18, 2009. Although the same day adjudication goal has disappeared, a two-month waiting period is often all that is required. This program is something that a person living in the United States illegally should seriously explore as a viable option to change your life for the better.

Are you married to a U.S. Citizen and think you are not eligible to become a Lawful Permanent Resident because you entered without permission? It is possible that you are eligible for a waiver.

HERE IS AN EXAMPLE: Maria is a US citizen and she is married to Carlos. He is from Mexico and entered the United States without inspection (without a visa) 4 years ago. Carlos wants to obtain his residency through his marriage with Maria and he wants to know what their options are.

Carlos and Maria have two options.

The first is to submit the visa petition with immigration then wait. Since section 245(i) does not currently exist, Carlos can not adjust his immigration status to that of a lawful permanent resident without leaving the country. He is not allowed to legally work. In the meantime, they can join organizations that are working to restore section 245(i) or other comprehensive immigration law reform.

His second option is to leave the country and have his permanent residency interview at the Consulate. When Carlos leaves the United States he will be subject to the 10 year bar because he has been living here without proper documentation. However, since he is married to Maria he is eligible to ask for a waiver. He will need to prove that Maria will suffer "extreme hardship" if he is not granted a waiver. Maria will need to complete the visa petition and designate the Consulate in Ciudad Juarez for permanent residency interview. Now, in 2009, for cases presented at the Consulate in Ciudad Juarez, 50-60% of the waiver petitions are being approved by US Immigration Services.

After the Petition has been filed, Carlos will be scheduled for a visa interview in Juarez. It takes up to a year after filing the Petition to obtaining an interview. He will at that time make plans to depart the U.S. to go to that interview. He will not have to depart the US until he knows when his interview is scheduled. Carlos will need to first go to his immigrant visa interview at the Consulate bringing along with all forms and documents for his application for lawful permanent resident.

At the visa interview, the officer will inform him he is eligible to complete a waiver application. Using the Telephone Call Center or using the website designated for that purpose, Carlos will schedule a waiver appointment with USCIS to submit his waiver.

United States based toll telephone: 703-439-2310; Mexican based toll telephones: Aguascalientes - +52-227-462-4762, Ciudad Juarez - +52-656-212-1016, Celaya - +52-334-624-1978, Guadalajara - +52-334-624-0367 or +52-442-348-9542, Hermosillo - +52-662-456-2526, Huejotzingo - +52-444-240-2448, Irapuato - +52-449-462-8591, Leon - +52-461-162-3595, Mexico City - +52-248-462-3439 or +52-55-4770-7716, Monterrey - +52-462-387-3637 or +52-814-624-4467, Nogales -+52-631-455-2516, Nuevo Laredo - +52-867-233-2606 or +52-867-477-493-3832, Puebla - +52-551-163-4677, Queretaro - +52-594-100-4537, Saltillo -+52-722-462-2248, San Luis Potosi - +52-814-624-2508, San Martin - +52-844-250-4138, Tijuana -+52- 644-140-6041, Toluca - +52-867-233-3638.

An applicant can also make a online waiver appointment free of charge by clicking here or going to http://mexico.usvisa-info.com/

As of April 2011, the waiver appointments are being scheduled 7-8 weeks after the Visa interview. Then he will wait in Mexico until Immigration Services gives him a decision. If his case is "clearly approvable" this may only take a few days. After receiving notification that his waiver petition has been approved (via DHL to a DHL office that he will designate), Carlos may immediately return to the United States as a Lawful Permanent Resident. On the other hand, if his waiver is "referred" he must wait from 6 months to a year outside the U.S. until the adjudicators at one of International Adjudications Support Branch either approves or denies his case.

More information about the process:

The waiver applicant will need to demonstrate that his or her United States Citizen or Permanent Resident spouse or parent would suffer "extreme hardship" should the applicant not return to the US. See below for the general factors of hardship. All required security checks would be made and reviewed before approving the waiver and issuance of the immigrant visa.

A USCIS Adjudications Officer will review the waiver and supporting documentation at the time the waiver applicant files it with the US Consulate. The officer may at his or her discretion approve the waiver at that time or it may be "referred" for further review and final adjudication. Approved waiver applicants will normally be issued their immigrant visa within the next 4 business days depending on US Consulate workloads and schedules. (It sometimes takes up to 2 weeks).

The 40 to 50 percent of the applicants who are not found to have a "clearly approvable" waiver are not denied but are rather "referred" to the pre-existing adjudication process queue. According to USCIS, most of these applicants did not submit sufficient evidence to merit a favorable decision. Others may have criminal or prior deportation issues. Rather than being formally denied, their application is added to the current backlog of thousands of pending cases and will be reviewed later. The CDJ office is currently adjudicating referred waivers submitted in July 2008, meaning that the waiting time for a decision with those files is now over one year. Waiver applicants who are referred to the backlog are encouraged to supplement their file with additional proof of hardship. Although the referral letter indicates that they have 30 days to submit more supporting documentation, they can actually submit it at any time up to the date of adjudication.

USCIS has taken steps to eliminate the current I-601 waiver backlog by providing the Ciudad Juarez field office with additional resources, and by setting up satellite adjudication offices in Mexico City and Anaheim, California. It is hoped that this will allow referred cases to be decided in less time. Those immigrants that have pending I-601 waivers with the Cd. Juarez field office will be notified via mail of their decision.

Who can apply for this?

The spouse and sons and daughters (married or single) of a US Citizen can submit a waiver petition. If the petition is for a spouse or child who is less than 21 years of age, there is an immediate immigrant visa available.

Only the spouse and unmarried sons or daughters (regardless of age) of a person who is a lawful permanent resident can submit a waiver petition. Their parents, siblings, married sons or daughters, or other family members CANNOT submit a waiver petition.

The applicant must demonstrate that refusal of his or her admission would result in "extreme hardship" to a qualifying relative. The burden of proving such hardship rests with the applicant and is shown by submission of documentary evidence to USCIS. What is "extreme hardship" is a difficult concept but guidance has been given in case law. In various decisions the courts have set out some of the factors that USCIS should consider in determining whether an applicant has established extreme hardship sufficient to qualify for a waiver.

Extreme Hardship can be demonstrated in many aspects of your spouse or parent's life such as:

FAMILY TIES inside the United States,

CONDITIONS IN HOME COUNTRY to which the qualifying relative would relocate and the extent of the qualifying relative's ties to such countries,

 
HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your country; anticipated duration of the treatment; whether a condition is chronic or acute, or long-or-short-term.

FINANCIAL CONSIDERATIONS- Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents)

EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.

PERSONAL CONSIDERATIONS- Close relatives in the United States and / or your country; separation from spouse / children; ages of involved parties; length of residence and community ties in the United States.

SPECIAL FACTORS Any other situation that you feel can help meet the specifications of the severe problems or extreme hardship. Please explain in detail what would be, if very particular, a severe problem or extreme hardship. Keep in mind that severe problems or extreme hardship shall be for the family member who qualifies as such, not for you.

It is very important that you provide documentary evidence your United States Citizen/Legal Permanent Resident spouse or parent will suffer “extreme hardship”, in both scenarios: Should you not return to the United States; and Should s/he relocate to be with you in your country of residence. Failure to meet the burden may result in the denial of your waiver and the possible inability to be admitted into the US for a specific period of time or on a permanent basis.  The information you provide must be very detailed as to how you meet the "extreme hardship" burden. Keep in mind that the hardship must be to your qualifying family member - not to you.

A waiver package is so important to you and your family and to maximize your chance for success it must be prepared meticulously and carefully, and include evidence of everything about your family and your life that is beneficial to your case. We suggest that you seriously consider hiring this office for this very important matter.

Please contact our office for an evaluation of your case as to whether this strategy is appropriate for you.

Our service includes:

1. A full review of your personal circumstances;
2. Confirmation that the waiver is appropriate for you; some are not eligible and this is very important to know;
3. Accurate preparation of your petition and visa application;
4. Submittal of your visa application, fees, affidavits of support, to the appropriate government agencies;
5. Meetings with you to provide instructions to you and your family members for collecting the information and documents needed to support your case;
6. Preparation and collection of all required documentation for exhibits;
7. Extensive attorney brief outlining your case and applying the law to your facts;
8. Advice on how to handle yourself at your Consular and USCIS interview, and what to expect.

We welcome you to contact our office by email or call 1-866-675-5197.  Extremely low cost consultations are available and we will be happy to discuss your situation in person or by telephone and evaluate whether this process is appropriate for you. We represent clients throughout the United States, and worldwide.