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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105132
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I want to know if this is the right time to petition my husband

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I want to know if this is the right time to petition my husband through my son who is a citizen but I fear this: When my husband came in, he was detained and held as a witness to human trafficking charges for the "coyote", he was released and given a paperwork and was told that he could come back in 5 years and request a residence. He lost those papers. but we requested his files and it shows what we believe to be deportation paperwork, but he entered before the 5 years, probably just a year after that in 1988. Is he still in trouble? or can we still petition him with the waiver I-601???

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.


You mean he entered the U.S. illegally after a deportation?

Customer: replied 3 years ago.

Ok. I understand. Yes, I believe he was deported in 1987 or 1988 for 5 years but we are not sure, there is a document signed by a judged, so we assume that is it. He returned around 11 or 12 months later.

Then I would not risk it. As things stand right now, the new I-601 waiver could be a trap. Why? Because right now there are millions of undocumented persons in the U.S. that are married to U.S. Citizens and even have U.S. Citizen children but they do not leave because they are afraid to be stuck outside for 10 years. What has changed is that before, a person had to leave the U.S. and spend around 15 months or so while waiting for their appointment at the U.S. Embassy or Consulate in their home country and then HOPE that they got approved, but the change is that now they say that the same person can apply inside the U.S., supposedly get a pre-approval, but they still have to leave the U.S. and present themselves to the U.S. Embassy or Consulate. So why do I think it may be a trap? Because it could very easily be a way to just get those many millions of people to finally leave the U.S. and once they are outside, they can still be denied the waiver even though they have a "pre-approval". I just don't trust that. So at the very least, I would wait at least 6 months or more after they implement it (which is supposed to be in March of this year) to see how many of those pre-approvals turn out to be true approvals at the end and to see how many of those people actually come back. Here is an official link:


Keep in mind, that in order to qualify, it is ONLY the hardship of a U.S. Citizen or U.S. Lawful Permanent Resident spouse or parent that counts. The hardship of children does not count.


I would wait until immigration reform comes out that I am truly hoping will be there year. Unfortunately, there is no way to know when it will come out and who it will help, but I think he should wait. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to Thank you!

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