Alma Bustamante, a U.S. citizen who resided in Arizona, was married to Mexican citizen Jose Bustamante, who resided in Mexico. Jose had a business in Mexico and traditionally commuted between that country and the United States using a border-crossing card.

Alma filed an immediate relative petition on Jose’s behalf in an attempt to obtain lawful permanent resident status for him. Jose applied for an immigrant visa at the United States Consulate in Ciudad Juarez, Mexico.