Can a Mexican citizen get a visa to settle a divorce in the US?

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Can a Mexican citizen get a visa to settle a divorce in the US?

A family member recived a petition for divorce from her still husband who lives in the US. She has never been in the US but does have a child with him. She needs child support. What can she do to be able to get a visa to settle this matter?

Asked on March 23, 2012 under Immigration Law, Colorado

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no requirement that she appear in court if the divorce matter is uncontested.  If it is being contested somehow or she needs to be in court, she should try to get the court to issue a summons so that she can use that to try to obtain a visa from the US Consulate in Mexico.  There is no guarantee that a visa will be issued.  This is best discussed with the attorney who will be assisting her with the divorce proceedings.


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