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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94311
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hello, Im a Singapore Citizen, aged 31. Female. I am going

Customer Question

Hello,

I'm a Singapore Citizen, aged 31. Female. I am going to marry my fiance who is undocumented immigrant, aged 32, who lives and work in US. He has a driver's license and Social Security number. My question is we're planning to marry in US end of this year. He cannot fly to Singapore due to his situation. How do I become a permanent resident and stay in US for longer period as I want to be with my fiance without flying in and out every couple of months. (3 months I believe, my country is one of the countries who has Visa Waiver Program for the citizens to visit in US up to 3 months). We're planning to start a family in US as well.

Your insight and answers are greatly appreciated.

Mrs Rivas
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

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.


Even if you become a Lawful Permanent Resident, you cannot help him because he is illegal. You would have to become a U.S. Citizen.

So you are currently outside of the U.S. and have no legal status in the U.S.? And how did he enter the U.S.? When did he enter the U.S.?

Customer: replied 1 year ago.

Yes I am currently outside the US. I visit him at least twice a year and stayed for a maximum 3 months before heading back to my country. However my concern is I want to stay and live with him longer than 3 months. Is there any options available for me? Extending my visa or filing some forms? I would like to be his legal spouse.


 


Will there be a problem if we go to the courthouse and register our marriage? Will he be send back to his country (deportation)?


 


No I have no legal status in US. I came to US as a visitor. He entered US when he was a young boy. His mother got him a green card I believe.


 


Thank you.


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, you can marry him and his risk of deportation is very low because the government just doesn't have the money to deport everyone, so they are focused primarily on those that have crimes in their background. But if his mother got him a green card, why is he illegal? Did he commit a serious crime? What was it? What as the sentence?
Customer: replied 1 year ago.

He did not commit any serious crimes at all. Just minor crimes when he was young and foolish during his teenage years. Into gangsterism but not to the point that he's committing major crimes.


 


I'm not sure if he really has the green card. But he has social security number and driver's license and he's working in a company without any problems. So I believe he needs to have a green card to be able to work in US right?


 


If I marry him in US, how do I get myself to live in US with him longer than 3 months? Do I have to still fly in and out every 3 months?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
You need to find out what his true status is and exactly how many crimes he has committed, what are those crimes and what the sentence is for each because if he has too many minor crimes, that's just as bad as having one serious crime and that would mean that even if you were to become a U.S. Citizen, you still would not help him avoid deportation. So please try to find out that information for me because if you do not, then I have to give you a general answer that won't be as precise.
Customer: replied 1 year ago.

Okay, I will ask him about his true status and I will get back to you.


 


Thank you for taking your time to answer.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok. I will be here. Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

It's been a couple of days now. I assume he is illegal and doesn't want you to state such in public like this. Do not worry, we do not make reports here and I will not ask for his private information. As to your questions, there are 5 ways to come to the U.S. to live permanently. They are through family, through employment, through asylum, through investment, or through the lottery.



For family, it must be immediate family such as U.S. Citizen spouse or U.S. Citizen children over 21 in order to be able to come immediately. U.S. Citizen or Lawful Permanent Resident parents or U.S. Citizen siblings, or Lawful Permanent Resident spouses can also help you, but the wait for that is about 4 to 12 years or so.



Through employment, you would have to generally prove that you would not be taking away a job from a U.S. worker and the less experience and education you have, the harder that is to do.



Through asylum, you must prove that you will be persecuted, tortured or killed if you stay in your country and that this will happen to you because of your nationality, race, religion, political opinion, or membership in a particular social group, not because you would run the same risk as anyone else in your country to fall victim to a crime or bad economic conditions.



Through investment, you are looking at generally $1,000,000.00 for a residency, or $500,000.00 in an area designated as a high-employment area, plus in both cases the investment has to create 10 or more jobs for U.S. workers.



And through the lottery, it would be very difficult to win one of the 50,000 visas available per year and some countries do not qualify.

Then there are some visas available that some may lead to Residency. Some of the visas available through employment (if you have a job offer and you qualify) are:

H-1B for professional workers

H-2A for seasonal agricultural workers

H-2B for seasonal nonagricultural workers

H-3 for industrial trainees

Then there are the F-1 and M-1 for students and J-1 for exchange visitors.

And then there is the E-1 for treaty traders and E-2 for treaty investors (these types of visas are not available in all countries).

Here is a link to most of the available non-immigrant visas:

http://travel.state.gov/visa/temp/types/types_1286.html

If he is legally inside of the U.S., he can change status to a derivative status through you. If it is illegally in the U.S. because he entered the U.S. legally but overstayed, he will have to wait for you to become a U.S. Citizen before you can help him get Residency status.

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 http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

 

 

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