Q: Why do I need a lawyer specifically experienced with Mexican cases?

While immigration law is federal, Mexican nationals face unique procedures that general practitioners might overlook, such as:

  • The “Permanent Bar”: Specific penalties for re-entering the U.S. illegally after a deportation or 1+ year of unlawful presence, which is common in border states.

  • Consulate Specifics: The U.S. Consulate in Ciudad Juárez (CDJ) is the only post in Mexico that processes immigrant visas. It has unique protocols and high scrutiny levels that your lawyer must prepare you for.

  • Border Crossing Cards (BCC): Issues involving “Laser Visas” and violations of the “border zone” (e.g., traveling north of San Antonio without an I-94).

Q: How can I find a reputable lawyer in San Antonio for Mexican citizens?

  • San Antonio Bar Association: Look for attorneys board-certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.

  • Avoid “Notarios”: In Mexico, a Notario Público is a high-level lawyer. In the U.S., they are not lawyers and cannot represent you. Many Mexican immigrants in San Antonio fall victim to notario fraud.

  • Local Non-Profits: Organizations like RAICES and Catholic Charities San Antonio specialize in helping the local Mexican and Central American communities.

II. Ciudad Juárez Consular Processing

Q: Why does my case have to go to Ciudad Juárez (CDJ)?

If you are ineligible to adjust your status inside the U.S. (often because you entered without inspection/illegally), you must leave the U.S. to interview at a consulate. Ciudad Juárez is the sole designated consulate in Mexico for all Immigrant Visa (Green Card) interviews. Even if you are from Mexico City or Guadalajara, you must travel to CDJ.

Q: What is the “Two-Step” process (I-601A Waiver)?

This is critical for Mexicans who have lived in the U.S. unlawfully:

  1. Step 1: Apply for a Provisional Unlawful Presence Waiver (I-601A) while still in the U.S. This asks forgiveness for your time here illegally.

  2. Step 2: Once approved, you travel to Ciudad Juárez for the interview.

    • Warning: Do not leave the U.S. until your waiver is approved. If you leave before approval, you could be stuck in Mexico for 10 years.

Q: How long will I be in Ciudad Juárez?

Plan for 5 to 10 business days.

  • Medical Exam: Must be done at an authorized clinic in CDJ 1-3 days before the interview.

  • Biometrics: Fingerprinting at the ASC center.

  • Interview: At the Consulate.

  • Visa Pickup: If approved, your passport with the visa is usually returned via DHL within a few days.

III. Border Entry Issues (Texas Ports)

Q: What is the “Border Zone” rule for San Antonio?

If you enter with a Border Crossing Card (BCC / “Laser Visa”):

  • You are generally limited to within 25 miles of the border.

  • Exception: In Texas, specifically, the zone extends to San Antonio? No.

    • Clarification: The limit is generally 25 miles in Texas. However, certain permits (I-94) allow further travel.

    • Crucial: Traveling to San Antonio usually requires you to obtain an I-94 permit (formally acknowledging entry) at the port of entry. Driving to San Antonio on just the card (without the paper/digital I-94) is a violation that can lead to visa cancellation and deportation.

Q: What is Expedited Removal?

If you are caught within 100 miles of the border (which includes San Antonio) and cannot prove you have been in the U.S. for at least 14 days (or 2 years, depending on current policy enforcement), specific CBP officers can deport you immediately without a court hearing.

  • Advice: Always carry proof of your status or proof that you have physically been in the U.S. for an extended period (e.g., utility bills, pay stubs) if you are undocumented but have tenure.

IV. Family Immigration (US–Mexico)

Q: Can my U.S. citizen child sponsor me?

If your child is 21 or older, they can petition for you. However, for Mexican parents who entered illegally:

  • Entered Legally (Visa): You may be able to adjust status in San Antonio without leaving.

  • Entered Illegally: You likely need the I-601A waiver (discussed above).

  • The Catch: To get the waiver, you need a “Qualifying Relative” (Spouse or Parent) who is a US Citizen or LPR to prove “hardship.” A child does NOT count as a qualifying relative for the waiver.

    • Result: Many Mexican parents with US Citizen children cannot fix their papers unless they also have a US Citizen spouse or parent.

Q: How long is the wait for Mexican siblings of U.S. Citizens?

The “Priority Date” backlog for Mexico is significantly longer than for other countries due to high demand.

  • F4 Category (Siblings): The wait time for Mexican nationals often exceeds 20 to 25 years.

V. Dual Nationality (Mexico–USA)

Q: Does becoming a U.S. citizen mean I lose my Mexican citizenship?

No. Mexico recognizes dual nationality. You do not lose your Mexican rights.

Q: What are the benefits of Dual Nationality for my U.S.-born children?

  • Property Ownership: They can own property in the “Restricted Zone” (beaches and borders) in Mexico without a bank trust (fideicomiso).

  • No Time Limits: They can stay in Mexico indefinitely without tourist visas.

  • Employment: They can work legally in Mexico.

Q: How do I register my U.S.-born child as Mexican?

This process is called Registro de Nacimiento (Registration of Birth).

  1. Visit the nearest Mexican Consulate (San Antonio has a large one at 127 Navarro St).

  2. Bring the child’s U.S. birth certificate, parents’ IDs/birth certificates, and witnesses.

  3. You will receive a Mexican birth certificate for the child.

VI. Advance Parole & Travel to Mexico

Q: Can DACA recipients in San Antonio visit Mexico?

Yes, but only with Advance Parole. You must apply (Form I-131) and be approved before you travel.

  • Valid Reasons: Humanitarian (sick relative in Mexico), Educational (study abroad), or Employment. Vacation is not a valid reason.

Q: Is it safe to travel on Advance Parole?

Generally, yes, but it is not guaranteed.

  • Risk: If you have prior removal orders or multiple illegal entries, consult a lawyer.

  • The “Legal Entry” Benefit: Returning on Advance Parole counts as a “lawful entry.” For those married to U.S. citizens, this can “cure” a previous illegal entry, potentially allowing you to apply for a Green Card inside the U.S. later (Adjustment of Status).

Q: What documents do I need to re-enter Texas?

  1. Valid Passport (Mexican).

  2. Original Advance Parole Document (I-512L) — CBP will likely keep one copy and stamp the other.

  3. Employment Authorization Card (DACA card).

  4. Copy of the DACA Approval Notice.