Below are listed some of our most frequently asked questions. If you have any doubts at all please feel free to contact us for a free consultation.
Can all Mexican’s get a work visa for the USA?
No, but many people can. Under the North American Free Trade Agreement (NAFTA) there is a visa provision allowing specific professionals to move easily between Mexico, USA, and Canada. This is an often-overlooked opportunity. The visa is a nonimmigrant visa, but is renewable, and allows you to bring in family members.
Years ago I overstayed my tourist visa in the USA, will I now be denied a visa?
Not necessarily. If you have a 3, 5, or 10 year ban on entry to the USA because of a past overstay (the length of the bar depends on the length of your overstay) you can file a along with your visa application a non immigrant 212(d)(3) waiver, which if granted will allow the consul reviewing your application to grant you a visa.
My mother was born in the USA, but we always lived in Mexico. Am I a citizen?
The short answer is, possibly. It depends on when your mother was born, when and how much time she lived in the USA, among other factors. Because the law has changed over the years, the analysis must be a careful one.
I am planning to move to Mexico, do I need to get a special visa?
When entering Mexico you are granted a tourist visa. If you plan to stay longer and “set up shop,” it is advisable to become a resident. Otherwise you may be denied entry or deported, if an immigration official determines you are living, as opposed to visiting, in Mexico. One can be a temporary or permanent Mexican resident. Which classification is best for you depends on your activities within Mexico and your avenues to attain residency.
I am a USA citizen living in Mexico. Is it possible to bring a friend who works for me at my home back to the USA when I visit?
There is a special visa for personal assistants available to USA citizens, that is processed like a tourist visa, but that requires additional documentation. In many cases it is possible, but success requires proper preparation, but in how you employ your friend and how you present your application.
I have been invited to a conference in the USA. What visa do I need?
Few people realize there is such a wide variety of non immigrant visa types for entering the USA. While most people travel on a B1 or B2 for tourist and business purposes, other visas exist, and the type of visa you need often depends on your travel motive and whether there is remuneration involved.
I applied for a tourist visa and was denied. Can you help?
I, nor anyone but the consul reviewing your visa application, can guarantee a visa. However, there are ways to successfully challenge a denied visa application. The Law Office of Kenneth Joseph Hutz will evaluate the probability of successfully challenging a denied visa application, and when feasible help you reapply, often by helping to assemble a winning application based on changed circumstances, or by submitting a non immigrant waiver along with your application. Most unfortunately, many people are denied a visa simply because they do not present their application in an organized and compelling manner.
I have been living in the USA without documentation for many years, can I get my residency?
Short answer: it depends. That said, many people don’t realize their adult children born in the USA can ‘fast track” their USA residency. Many people don’t realize that just because they entered the USA without authorization, they can apply for residency from within the USA by submitting an immigrant waiver along with their application. In sum, there are many avenues to achieving USA residency for undocumented residents, and each case needs to be analyzed carefully.
My wife and I are contemplating a retirement move to San Miguel de Allende. We own a small business here we could conceivably run from abroad, and would like to rent our USA house. We need help figuring out how and where to file taxes, if we need to become residents of Mexico, and should we modify our estate plan?
Moving abroad raises a lot of important financial and legal questions, that are best thought through before the move takes place. One trick aspect of moving abroad is that the legal issues can be diverse, everything from immigration to corporate formation, to estate planning. The first step is to sort out what legal issues your particular move involves, and then figure out who is qualified to help with those issues. It is critical to seek general legal counsel, and not rush head first into international legal issues that directly affect you and your family.