Immigration Issues/Final Interview
I really am in need of some expert advice. An Immigration office has been working on my process for my visa petition. I entered the USA illegally when I was 6yrs old and been here for over 16 yrs. I've been married to a US citizen for almost 3 years and have a baby on the way. Our application for a Fiance visa has been approved and we have our final interview to Ciudad Juares in only two days. We've been working with an immigration office all this time and now they are telling us that we need a pardon letter because I entered illegally and they missed a step were I needed a police report or a backround check of some sort. My question is that if it's even worth risking going back to Mexico were I'm pretty sure they will deny my request and not be able to return to the Us. Also if there was a way were I could ask to re-schedule the interview untill I get the propper paper work and if so how long would all this take?
You should never have applied for a fiancee visa - it does not do anything for you - you were already here and married to a citizen. The problem is you entered illegally and did not have any paperwork pending for your residence before 4/30/01 - so you can not get your interview here, unless the 245i law comes back. Trying for a finacee visa does not solve the problem.
The pardon is not required until you leave the country, but if you leave, you are subject to a 10 year bar, unless you get a pardon. You can not file for the pardon until you leave the country and go to the interview. I would forget about the fiancee visa -that was a waste of time. You have to decide if you want to have your husband file an I-130 for you and then go to Mexico for an Immigrant Visa interview. If you do then when you get to Mexico/the interview, in about a year, you would apply for the pardon- it will take about 6-9 to get an answer and you will have to remain there. If they approve it- you will get the Immigrant visa. If not, you will be stuck there for 10 years.
Alternatively, just stay here and wait for legislation that might allow you to get it here.