USA and the UK
Visas to Move from the US to Mexico
There are many different visas available for Mexican immigrants so it important to find the one that matches your situation. Immigrant visas are a pathway to a Green Card, which gives you the right to permanent residency in the USA and eventually citizenship.
- Marriage-Based Green Cards
- K-1 Fiancé Visa
- Family-Based Green Cards
- Investor EB-5 Green Card
Marriage-Based Green Cards
Many visas for permanent residency require you to have a relationship with a US citizen or permanent resident. Marriage-Based Green Cards should be your first port of call if you have already married a US citizen. Like all US visas, LGBTQ+ couples have the same access.
The procedure depends on if you already have a residency in the US. If you do, then you need only apply for an adjustment of status. You can still apply for this residency if you are still in Mexico. In this case, you need to apply for the Marriage-Based Visa at the US consulate in Mexico City.
There are two stages to the Marriage-Based Green Card:
- Conditional Residency
- Residency with Conditions Removed
Under conditional residency, you enjoy all the rights of a permanent US resident. However, this status only lasts for two years.
To stay for longer, you need to apply to remove the conditions of your residency. You will make this application together with your partner. This must be done in the 90 days before your two-year period elapses.
You have to make a shared agreement to remove the conditions of your residency after two years. However, exceptions will occasionally mean that you can remain in the US without your partner’s agreement. They include:
- Termination of your marriage
- Death of your spouse
- Evidence of your spouse abusing or being cruel to you
The fee for applying for the Marriage-Based Green Card is $325.
K-1 Fiancé Visa
Getting a marriage-Based Green Card may need you to first live in the US under the K-1 Fiancé Visa if you are engaged to a US citizen. The visa is designed for Mexicans that will soon marry a US citizen and want to live in the US during and after their engagement period. The application is $800.
The K-1 Fiancé Visa has multiple complex requirements:
- Your fiancé must petition for your visa
- You need to marry within three months of entering the US
- You can’t be married to someone else, and you must prove death or divorce if you have been married
- You must prove you met two years before applying for the visa
Although not a full Marriage-Based Green Card, you can still bring family members to the US if you have a K-1 Fiancé Visa. These family members can enter as permanent residents under a K-2 Dependant Visa.
Changing Status from K-1 Fiancé Visa to a Marriage-Based Green Card
Your K-1 Fiancé Visa will no longer be valid once you have married your fiancé. You must change your status to get hold of a Marriage-Based Green Card, giving you the rights and subjecting you to the process described above. Successfully making this transition is a complex process.
To begin, you need to make you that you are not inadmissible for any reason. For any reasons for inadmissibility, you need to fill out Form I-601. This form justifies why you should be allowed regardless of your circumstance. Reasons for inadmissibility include:
- The Department of Health and Human Services finds you have a serious contagious disease
- You are addicted to illegal drugs
- Your disability may induce threatening behaviour towards others
- You fail to show proof of necessary vaccinations
Once you have obtained any necessary waivers of inadmissibility, you need to adjust your status with Form I-485 and submit the requested documentation. You can expect to have to provide the following documentation:
- Accurate record and proof of previous times in the USA.
- Approval notice for your K-1 Fiancé Visa
- Birth and marriage certificates
- ID issued by the Mexican or US government.
- Your passport with a K1 Fiancé Visa and up-to-date entry stamps.
- Passport photos (2) for your visa.
- Records of your vaccinations.
- Records for any times you have broken US law.
The other requirement is the Affidavit of Support (Form I-864). This form is completed by your spouse, and it confirms that they can financially support you while you are in the US.
Family-Based Green Cards
Marrying a US citizen is not the only way that you can use family ties to move to the USA permanently. Family-Based Green Cards allow you to use close relatives as a pathway. This visa has an application fee of $325 and includes Mexicans who are a US citizen’s:
- Married partner
- Parents if they are more than 21 years old
- Children if they are less than 21 years old
Alternatively, if a US citizen fulfils a “family preference” category, this can be a pathway to a Family-Based Green Card. Each category has different wait times for application processing. These categories apply if you are a US citizen’s:
- Child over 21 years old who is unmarried
- Child who has been married regardless of age
- Sibling more than 21 years old
The “family preference” category also offers ways to come to the US if you are a married partner or child of a US permanent resident.
Investor EB-5 Green Card
Investing in the US economy is a great way to get a Green Card if you don’t have any close relatives in the USA. You can use your finances to get the Investor EB-5 Green Card, which has the highest fee at $3675.
This visa has variable requirements, depending on if you want to invest in an area that is already prosperous, or an area that has been targeted due to a lack of employment and development.
The requirements are less strenuous if you invest in a government-targeted area. You don’t have to direct oversee your business and must:
- Invest $900,000.
- Generate 10 jobs indirectly.
Investing in an urban area with a good economy can be more appealing, but the conditions are harder to meet. You need to oversee you business directly and:
- Invest $1 million.
- Generate 10 jobs directly.
Both types of EB-5 Visa require you to invest the entire required amount in your enterprise before applying. A successful application grants you conditional residency for two years, which can then be transferred to permanent residency.
Why Might your Visa Application be Refused?
The citizenship and immigration services cannot accept every application that is made to them. A refused visa means that border protection will prevent you from entering the country. Visa applications in the USA are sometimes refused. Reasons your application might be refused include:
- A lack of financial stability
- The wrong visa was applied for
- Invalid documentation
- Incorrect form completion
- Previous visa violations or illegal trips to the USA
- Having a criminal record or a history that suggests you might be a danger to the US population
- Failure to prepare answers and documentation for visa interviews
- You lied or committed fraud in your application
The vast majority of grounds for refusal are simple errors and mistakes. There is no appeals process, and it is important you make your application with no errors.
Call our US team at IAS at +1 844 290 6312 or contact us online to find out how our team can stop Mexican citizens from making these mistakes.
Mexican citizens may change to US citizenship through naturalisation, giving them the rights of a US citizen by birth. As a permanent resident, it will be five years in the US before you can apply for citizenship. This period is shorter if you come to the US through marriage. Only three years of permanent residency is required for these Mexican immigrants. The application fee for this process is $640. There is also a mandatory biometric fee of $85, making the total fee $725.
Becoming a naturalised US citizen needs you to:
- Be over 18 years old.
- Have been a permanent resident during your immigrant visa’s period
- Be fluent in English
- Possess an empty criminal record
- Show that you understand US history, government, and the Constitution.
- Show loyalty to the nation via the Oath of Allegiance
Knowing that you fit the eligibility criteria, you can complete Form N-400 and submit it online or on paper.
Becoming a US Citizen Through Military Service
Serving in the US military can ease your transition to US citizenship. You can apply after one year of honourable service, or service during hostility, and the usual length of permanent residency in the USA. You will prove your service by completing Form N-426.
Service in the US military proves your loyalty to the nation. This reduces the strictness of the requirements. Varying based on your exact circumstances, requirements that you can apply to have waived include:
- Fluency in English
- Knowledge and loyalty towards the US government, history, and Constitution
Reasons for Refusal of Naturalisation Applications
A Mexican citizen’s naturalisation application will be the biggest step in their lives. There are multiple reasons that Mexican citizens’ applications might be refused, which can include:
- A bad criminal record
- Incomplete payments of child support or taxes.
- Lies and fraud on the naturalisation application
- The residency was not continuous.
- Failure in the English language and citizenship tests, and the test not being passed within 90 days of the failure
- Selective service not being registered for men 18-26 years old.
Many Mexican citizens need expert support to complete their applications for immigrant visas and naturalisation. The Immigration Advice Service has a US team that gives expert application advice. Our lawyers guide you through each stage of the process, helping you to find the right documentation and liaising with the citizenship and immigration services to track the progress of your application.
Working with us is easy. Simply call our US office at +1 844 290 6312 or contact us online and find out what we can do for you.
Last modified on November 8th, 2023 at 7:27 pm
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There are no circumstances where your application fee will be refunded, even if you do not have a successful application or the government decides to take away your visa.
The US government has strict rules that mean the immigrant population must live in the US permanently during their continuous residence period. You may not leave for longer than six months. This is a break for permanent residents and means your period must start again.
However, if members of the immigrant population are leaving for over a year, they may be able to still have continuous residence. Foreign nationals need to apply for a re-entry permit before they leave the US.
The risks of deportation faced by the Mexican immigrant population vary greatly depending on the state of the US government. Usually, hundreds of thousands of foreign nationals are deported each year. Having been deported, Mexican adults will be on a blacklist and may have to remain in their home country.
However, this is not the end of the road for Mexican immigrants. Successfully completing Form I-212 will give you the opportunity to apply for visas.