Walnut, CA asked in Immigration Law for Wyoming

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?

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1 Lawyer Answer

Deron Edward Smallcomb

PREMIUM
Answered
  • Immigration Law Lawyer
  • San Diego, CA

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.

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