The easiest way to immigrate to the United States is through a family petition.
There are two ways to obtain residency:
This procedure is done within the United States, where at the end there is an interview with the immigration offices (USCIS). This procedure is prepared in a single package that must contain all the immigration forms, the pertinent evidence to meet the immigration requirements, the photos, the medical exam and the fee for the procedure.
The package must be sent to a P.O. Box in Chicago, Illinois. It is recommended that you use certified mail with return receipt requested when sending your package. Three weeks after your package is sent, USCIS will send you a receipt notification.
After six weeks, you will have to go in for fingerprinting, and after approximately eight weeks, you will obtain a work permit. This permit will allow you to travel within the United States. Finally, you will receive notification for the residency interview. Currently, USCIS takes approximately eight months to decide a case, so keep in mind that times may vary from case to case.
In general, an adjustment of status takes less time to arrange than the normal time stipulated. Having a lawyer to carry out these procedures is very important, he will be able to accompany you to your residency interview and in case of a denial, he will be able to appeal or resolve the case in immigration court.
The second way to obtain residency is known as the consular process, where the applicant (foreigner) goes to an interview at the United States Embassy or Consulate in his or her country of origin. This process is done in stages. It begins by filing the I-130 application. USCIS will review the application and it will be approved in approximately six months.
Once the application is approved, USCIS transfers the file to the National Visa Center (NVC). This is the office that receives, reviews, and organizes all residency cases that are processed outside the United States. The NVC will then send an email with the corresponding invoices for payment of the procedure. These invoices must be paid electronically. Remember that you must print the receipts as proof of payment for said procedure. Once the payment has been made, you must send two packages: The first package will contain the letter of support or sponsorship. The second package must contain the civil documents, which must be filled out and sent electronically.
Months later, the applicant must appear for an interview at the United States Consulate (most commonly the one in Ciudad Juarez). Before the residency interview, you must schedule and attend the fingerprint appointment. The fingerprints will be taken at the Customer Service Center next to the Consulate. After the fingerprints are taken, the corresponding medical exam must be taken at the clinics approved by the United States government. Finally, the applicant must attend his residency interview where an official will decide whether or not to grant the application. Attorney Rodriguez recommends that you complete the process from the United States, since there are more benefits than doing it in Mexico.
The consular process, on the other hand, takes longer and is done in stages. An estimate of the time it will take to arrange residency from Mexico is around 3 years. It is important to mention that the pandemic caused the American Consulate in Juarez to close for 12 months and that they do not have enough staff to be able to interview all the people who have pending residency procedures. That is why they must be very patient. Likewise, the Consulate authorities do not allow the entry of lawyers or applicants to the residency interview, only those who are going to arrange can enter and in case of a denial there is no appeal.
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