Q: So if she is here longer than the six months allowed by her travel visa, but we have applied for her adjustment of...
status, as she is married to me, a U.S. citizen, will she receive some document allowing her to travel to and from Mexico as we go through the process of her adjustment of status?
A: If you apply for everything correctly, including advanced parole, she will have the ability to travel out of the country. That said, it is highly recommended that she does not. First, she has overstayed. Second, unless she came on a fiance visa, they can prevent her from entering based on immigrant based intent. This same concept can result in the petition denial, even if they do let her in. Consulting with an experienced immigration attorney is highly recommended.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
