Legal Question in Immigration Law in California

Im a American Citizen and my boyfriend is Mexican he lives in Tijuana Mexico and I in San Diego California we have 2 american children but I want to fix his papers to be with me in the United States what do I need to do

Asked on 8/07/09, 1:44 am

6 Answers from Attorneys

David Nachman Nachman & Associates, P.C.

You would probably want to file a marriage based immediate relative immigration case with the CIS using Form I-130. You may also be able to get him to the U.S. using the K-3 nonimmigrant visa. For more information about the way that these processes work and for information about the marriage based immediate relative case you can check out our website at In the alternative, there is also some great information on the government's website at

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Answered on 8/07/09, 1:57 am
Ricardo Vidal Law Offices of Ricardo Vidal, P.A.

You should file an immediate relative petition (I-130 package). Once it gets approved, your husband may need to get an appointment at the U.S. Consular Post in Ciudad Juarez, and if necessary, file a 601 waiver (if he lived in the U.S. illegally before). We can help you with these issues. Contact our offices in San Diego: (619) 232-5100.

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Answered on 8/07/09, 4:32 am
Larry L. Doan Law Office of Larry L. Doan

Easily. If you are married to him, and he has not been in the U.S. unlawfully before, you can file an I-130 petition for him and then the two of you will be interviewed in the US Consulate in Juarez. He will receive his visa to immigrate permanently to the U.S.

My office is in Los Angeles but I do a lot of work in San Diego. I invite you to visit my profile here for my contact info or go to my website for more info.

Larry L. Doan, Esq. (blog)

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Answered on 8/07/09, 4:33 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Congratulations! Assuming he's admissible to the U.S., this is a great case. You'd need to marry in Mexico, file a petition for him in the U.S. and wait about six months for approval. Then he'd process his immigrant visa through the U.S. Consulate in Ciudad Juarez. He should be here in under a year after you file the petition. BTW, I went to USD Law School and practiced there for many years as well as still maintain clients there. I would be happy to help you out if you contact me offline.

Check me out at, phone at 818 609 1953 or email me at [email protected] Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

A “Super Lawyer” 2004 – 2009, Los Angeles Magazine

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Answered on 8/07/09, 11:20 am

Assuming you want to get married, then you can get married in Mexico, and file an I-130 visa petition for your husband with the USCIS in the US. It is currently taking about 5-6 months for approval. Once it is approved, then you would need to wait for an appointment at the US Consulate in Ciudad Juarez, which may be another 4-6 months. You would have the interview to show that it is a good faith marriage, with all the proof of your relationship, etc. I would be happy to assist you offline at [email protected] or phone 415-387-1364.

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Answered on 8/07/09, 12:02 pm
Ellaine Loreto Law Offices of Ellaine Loreto

I'm sorry to hear that your family is going through this.

If you are a citizen, you can try to file a non-immigrant petition for him (K-3 visa) to get him to the U.S. within 6 months. Then once he is here, you can file a petition that can lead to getting his green card. The alternative (which is cheaper) would be to file for his immediate relative petition that could lead to his green card. If he's in Mexico, it may take 1-2 years for this to be processed, which is longer than filing a non-immigrant petition.

The approval of such petitions depend on whether he has any past crimes and/or has been deported or entered illegally in the past. If he has crimes or past deportations, this does not necessarily bar him from applying. He may just have to file a waiver to "excuse" such illegal acts. Waivers are discretionary, depending on the officer reviewing the case.

To discuss your specific case further, please contact me directly at 714 288 0574 or at [email protected] We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 8/11/09, 8:02 pm

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