Can my biological father file papers for me? 16 Answers as of January 19, 2012

Usually the Immigration part of the documents are filed in the U.S. However, the interview for your green card needs to happen in Mexico plus you may need a waiver to re-enter. If you are under 18 and a half of age, I will recommend you contact an immigration attorney as soon as possible because you may need to take extra steps to avoid accruing unlawful presence. Please do not file your case without the screening and assistance of an immigration attorney because the waiver and consular process need to be done properly to avoid the increase of denial or unreasonable delays.

I am a little confused as to whether you are asking if your biological father can petition for you or just file the petition that your fiance would prepare after you marry. If your biological father is a U.S. citizen, he can petition for you to receive an immigrant visa as can your fiance once you marry. It sounds like the problem with your case is that you entered the country illegally. I understand that you were an infant at the time, but unfortunately you were not admitted or paroled into the U.S., which means you cannot receive a green card in the United States unless you qualify for benefits under INA 245(i) (which would require additional information to figure out as you would likely only derive benefits if your parents took certain action based upon your age). You have to return to Mexico and have your case processed through the U.S. Embassy. This is not to say that you have to leave immediately after marrying, but you will have to depart at a point in the processing. The problem with leaving is that you will likely trigger a bar for unlawful presence of either 3 or 10 years. This will depend upon your current age. You will need a waiver based upon extreme hardship to the petitioner. This waiver is based upon extreme hardship to the person who petitioned for you. It is in your best interest to schedule an appointment with an immigration attorney to go over your case in detail.

Under the new policy announced by Immigration last week, you could have your wife (you have to marry her first) file for you and also request a waiver for you here in the U.S. Before, the waiver had to be filed in Mexico and you would have to wait there for months or even years to get it approved. You can file for the waiver here and after it is approved, you can then travel to Mexico to pick up your visa without all of the waiting in Mexico. I strongly suggest you do this with a competent immigration lawyer so there are no mistakes or delay. (This new policy applies for any country not just Mexico.)

You need to consult with an attorney because the Obama administration recently issued an notice of intent whereby the intentions are to permit persons with immediate relatives of US citizens having their unlawful presence waived while in the U.S. However, that may still require leaving to process paperwork but significantly reduce the time in native country because the waiver would be processed in the U.S.

No he cannot. You may want to speak to an immigration attorney to see if you qualify for 245i. The other issue is you may want to follow the new proposal which if passed would allow people to file for a 601 waiver without leaving the US.

The problem will be the same: if you entered the US illegally, you may not adjust status unless you are protected by 245i.