Why did Jose come to the US? Jose was brought to the country by his parents when he was 2.5 years old. When Jose turned 18, he decided to continue living in the US instead of going back to Mexico, a country he never knew.
Did Jose ever go back to Mexico? No. He has stayed in the US his entire life.
Doesn’t Jose just become a citizen since he married Haley? Unfortunately, it’s not that easy. Haley is currently helping Jose apply for his visa. If Haley was not a US citizen, he wouldn’t be able to make this necessary step.
What is DACA? It stands for Deferred Action for Childhood Arrivals. Children who were brought to the US could apply for this prior to President Trump’s decision to rescind the program on September 5, 2017. The program did exactly what its name suggests – the government cannot remove individuals from the US who are DACA-protected. More information on DACA can be found here: CLICK!
Why hasn’t Jose applied for citizenship before? Before DACA, there was nothing else available for Jose to apply for. Since he married Haley, he can now apply for his visa.
What is the I-601 waiver? “If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility.” (Taken from https://www.uscis.gov/i-601.) In simpler terms, in order for Jose to apply for his visa, he basically needs to get approved to apply.
Why does Jose have to travel to Mexico now? Once the waiver is approved, Jose has to travel to Mexico to (hopefully) be granted his visa. He will undergo a health exam and an interview while there. If he is granted his visa, he will travel back to the US. If he is not granted his visa, he will have to stay in Mexico to reapply. This process could take up to one year.
How can you help Jose and Haley? Visit Haley’s blog post here: CLICK!