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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Lawyer
Category: Family Law
Satisfied Customers: 105568
Experience:  I have handled a number of divorces, paternity, child custody, pre-nuptial and child abuse/neglect cases.
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If I get married now at the age of 18, when I turn 21, can I

Customer Question

If I get married now at the age of 18, when I turn 21, can I still petition for my parents residency in the state of GA?
Submitted: 1 month ago.
Category: Family Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Are your parents in the U.S.? How did they enter?

Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

You don't have to be afraid to answer if they are here illegally because I am not going to ask you their names or any other private information. Are your parents in the U.S.? How did they enter?

Customer: replied 1 month ago.
my parents are in the United States. My mom came in with Visa, but it expired and she didn't go back to Renew it. My father entered illegally.
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Thank you for responding. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

I do have good news but some bad news. The bad news is that you cannot help your dad because he entered the U.S. illegally. The good news is that as soon as you turn 21, you can file the following forms for your mother to get U.S. Lawful Permanent Residency without her having to leave the U.S.: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.

In about 3 to 5 months after filing, the work permit and Advance Parole (travel permit) should be issued. About 5 to 7 months after filing the interview should be scheduled (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later the U.S. Lawful Permanent Residency card (green card) should come in the mail.

After your mother gets Residency status, she can file an I-130 for your father. Once that is approved, she can then file an I-601A waiver to "forgive" that he entered illegally. If she gets the pre-approval, then he will leave the U.S. to interview at the U.S. Embassy or Consulate outside and if he gets the final approval, then he can come back to get Residency status as well. Here is a link:

https://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 1 month ago.
You didn't tell me if me getting married now would affect me petitioning my mom after I turn 21. I am aware different states have different laws, but I need to know Georgia specifically.
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

As far as U.S. Immigration goes, being married has no effect at all on your petition for your mother, but you must still be 21. Getting married doesn't change that. I assume you are a U.S. Citizen because you have to be a U.S. Citizen over 21 to petition for your mother.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello Lesley. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!