What will happen if I cannot accompany my mother to her permanent resident interview? 5 Answers as of February 25, 2011

I am a U.S. citizen in the military and my mother is scheduled for a permanent resident interview in Mexico. I was recently told by my command that I cannot travel to Juarez with her, due to the fact that it is on the militarys "Do Not Visit" list. We are at the final stage of this very long (and costly) process and as I understand it, the fact that I cannot accompany her to her interview is a lose/lose! The worst part is that the interview is set for 2 weeks from now. What can I do? Is there a way for us to do the interview from the states at this short of notice, or is it all for nothing?

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William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Yes you can do a telephone conference call from us.
Answer Applies to: Tennessee
Replied: 2/25/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Contact the district office responsible for handling the interview to determine whether some alternative can be arranged.
Answer Applies to: Virginia
Replied: 2/25/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
One of my clients had exactly this problem. We resolved it with a letter from his commander, on the unit's letterhead, stating exactly what the limitation was. We offered to have him, the US citizen sponsor, available by phone at the appointment time. The examining officer conducted the interview with the mother alone, and approved her for immigration.

Many of the examining officers are military veterans, so they know very well about this type of situation.
Answer Applies to: Washington
Replied: 2/24/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
I assume you mean that your mother has an interview for her immigrant visa at the U.S. consulate in Ciudad Juarez. Generally, the petitioner DOES NOT have to be at the immigrant visa interview unless specifically requested to do there by the consulate. So, unless they specifically requested you to be at the interview, which would be rare, you do not need to be at the interview.

Also, I assume that your mother lives in Mexico, and does not live in the U.S. and is traveling to Mexico for her interview. If she is in the U.S. and has accrued more than 180 days of unlawful presence she is inadmissible to the U.S. and would need a waiver to return. If the waiver is not granted she cannot return to the U.S. Having a U.S. Citizen son, even if in the military, does not qualify her for a waiver.
Answer Applies to: California
Replied: 2/24/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
It is not legally required that the sponsor has to accompany the interviewee. You may relax. Good luck!
Answer Applies to: Florida
Replied: 2/24/2011
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