Why do I have to go go Juarez

Why do I have to go to Juarez?

Question: Attorney, I am married to a US citizen wife and the petition which she filed for me has been approved, but now they tell me that I can’t fix my papers here in San Antonio, why do I have to go to Juarez?

Answer: there are two kinds of cases that can fix their papers here in San Antonio without leaving the United States: 1-those who have legal entry and 2-those entitled to pay the fine.

If you have legal entry to the United States as a tourist or student or visitor or with some kind of special permit and are now married to a United States citizen the law says you can apply to change from tourist to resident on account of your marriage and we can fix your papers here in San Antonio. This is true even if you have overstayed your permit by twenty years. If crossed the border legally and you have a US citizen wife you are allowed to adjust your status here in the United States.

The other type of case for people who are allowed to fix their papers here in the United States is for those who can’t show legal entry, but can show protection on the Section 245(i) of the Immigration Act. Section 245(i) was the provision in the law that said someone who was here who had entered without inspection could pay a fine for that unlawful entry and still fix their papers in the United States. Unfortunately, that law expired on April 30, 2001. In order to show that you qualified under that law we must show someone filed an immigrant visa petition for you or for your spouse or for your parents by April 30, 2001. We can also show that someone filed a application with the Department of Labor to immigrated you or your spouse or parents for their jobs before that day. If no one filed for you by April 30, 2001, and you do not have legal entry to the United States then if you want to fix your papers based on your marriage you are going to have to process this case at the United States consulate in Ciudad Juarez, Chihuahua, Mexico. When you get to Ciudad Juarez, the US Consulate is going to take your fingerprints and get a complete report showing all your arrests by the police or by immigration. If you have prior deportation, or if been deported and returned to the United States after accruing a year or more of unlawful presence, you may trigger a ten year bar and will not be able to return from Mexico until you have been 10 years outside the United States. If you have simply unlawful presence without attempting to return you are also bared but you can be forgiven if you can show extreme hardship to your US citizen or resident alien spouse and/or parents.