Pharr, TX Immigration Law Firms & Lawyers

The FB-4 preference classification for Mexico is backlogged to May 1996, so well over 15 years. Please note that you need to determine if you can apply in the US. If you cannot, you will likely require a waiver for the long term overstay (depending on how you entered) and any other immigration violations; but the waiver requires an extreme and unusual hardship to a qualifying relative (spouse or parent). You case is not easy, consult immediately with an experienced immigration attorney.

Your choices are that she can attempt to come to the U. S. as a visitor and you and your family can support her efforts through guaranteeing her financial state during the time that she is here and that she will return to India after the visit is over. If you are more serious about her, you can petition for her as a K-1 fiancée and if approved, you would have to be married within 90 days of her coming to the U. S., and she would then file papers to adjust her status to permanent residence on the basis of the marriage. You can also travel to India, marry her there, and file a relative petition for her to come over as an immigrant. The visitor visa process can take from 1-3 months, the K-1 process is approximately 9 months and the relative petition process one year assuming that the case goes smoothly. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.