Handling Mexico waiver cases requires specialized knowledge of the policies and procedures at the US Consulate in Ciudad de Juarez (CDJ), Mexico. In a recent year, Mexico processed approximately 20,000 immigration waiver applications. Although the adjudication of immigration waiver cases is fairly standard throughout the world, the normal immigration waiver procedures cannot be effectively employed in Mexico waiver cases given the sheer number of applicants.
There are probably hundreds of thousands of undocumented Mexican citizens who currently live in the United States and are married to US citizen spouses. Although most spouses of US citizens can immediately apply for a green card through the adjustment of status process without ever having to leave the US, one requirement is that they were “admitted” to the United States. Citizens from Mexico who cross the boarder without passing through a port of entry have entered without inspection (EWI) and, therefore, usually do not qualify for the adjustment of status process. This is not to say, however, that they can never get a green card.
Spouses of US citizens who do not qualify for the adjustment of status process can return to their home country and finish the green card process there. For those from Mexico, green card processing for all applicants happens at the US Consulate in Ciudad de Juarez (CDJ). Mexico green card applicants who are currently living in the United States will need to travel to CDJ to undergo a medical exam and attend the green card interview. Applicants who have been living in the US without authorization will likely trigger a 212 a 9 B overstay bar upon exiting the United States. During the green card interview, the applicant will be informed that they are inadmissible due to the overstay, but that they can file a 601 waiver. Those with more complicated immigration histories may not be eligible to file a waiver. Thus, it is essential that you consult with an immigration attorney prior to embarking on the Mexico green card process and leaving the United States.
If the US consular officer at CDJ deems the applicant to be inadmissible, but gives the applicant permission to file a waiver to try to overcome the inadmissibility, the applicant will likely have to wait two months before they can return to the consulate to submit the waiver. During the two month wait, the applicant’s 601 waiver attorney will be drafting and finalizing the waiver package. At the waiver interview, the applicant will pay the filing fee ($545) and turn in the waiver. Within a week to ten days after the waiver interview, the applicant will receive a decision on the waiver via DHL. In the envelope, the applicant will find either an approval or a letter indicating that the case is being referred for normal processing. If the applicant is referred, he can expect to wait an additional 8 to 18 months in Mexico for a decision on the waiver. If approved, the applicant will be on his way back to the US shortly thereafter.
Government authorities estimate that approximately 50% of all immigrant waivers filed in CDJ are approved within the week after filing and that the other half is referred for normal processing. However, visa overstays or single EWI cases typically experience much high approval rates. Applicants with a criminal history, complicated immigration history, misrepresentation charges or other aggravating factors can expect to be referred for normal processing and, thus, pull the overall quick approval rate down.
We represent clients in US Immigration cases from ALL 50 STATES and AROUND THE WORLD, as most immigration representation can be handled electronically and through the mail. If your case does require the physical presence of an immigration attorney, we are able to come to you, no matter where in the US you are!
