Legal Question in Immigration Law in Missouri

18 year old born in Mexico in US illegally (brought over as an infant). Has gone to school and will graduate in May. She wants to get a visa from Mexico to come back to US legally. Has been told she has to go to Mexico to request a visa and stay there 2 weeks so they can mail it to her and then she can come back to US. Is this correct information?

Asked on 10/15/13, 9:37 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law
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A person brought to the U.S. illegally as a child will start to accrue illegal presence as of their 18th birthday. Therefore, depending on how many months she was in the United States after she turned 18, she could face a 3 or 10 year bar to re-entry if she leaves the U.S. now.

Moreover, it is unlikely that she would be issued any type of U.S. visa by the U.S. Consulate in Mexico, based upon her 18 years of unlawful residency in the U.S. & the presumption that she has immediate relatives in the U.S. ("immigrant intent").

She would be better off staying in the U.S. & applying for "Deferred Action" (aka DACA).

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Answered on 10/16/13, 11:29 am

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