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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94295
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Immigration legal questions

Resolved Question:

Immigration legal questions
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.


How did he enter the U.S.? Illegally or with a visa? Which visa? What country is he from? How long ago did he enter the U.S.? How old was he when he entered the U.S.? Please try to answer each question. Thank you.
Customer: replied 1 year ago.


as tourist( visa) from the Philippines nov 30 1988

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok. Under the current law, he has the following options:

1) Wait for the immigration reform that comes out. If it is approved the way that they are intending, then he may be able to get Residency if he entered the U.S. early enough.

2) Apply for Asylum (he had to have done this within the 1st year be being in the U.S. unless there are changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if he fears to return to his home country because he believes that he will be specifically targeted due to his race, religion, nationality, social group or political opinion and that he runs a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, he would have to prove that he has at least 10 years in the U.S. AND he must also prove that if he is deported, a U.S. Citizen or Lawful Permanent Resident that depends upon him will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get.

3) If he marries a U.S. Citizen (for love, of course), he could file for Residency without leaving the U.S. as well as if he has a U.S. Citizen son or daughter over 21.

If he does option #3, he would have to ask for a waiver for the fraud that he committed which is done on form I-601.

Now under the proposed reform, he may have a chance, but until the President signs it, we don't know what the exact requirements will be and if would be able to file an I-601 waiver under the new reform. So unfortunately, for now, we just have to wait and see.

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!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94295
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 7 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


excellent s I r -thanks further we may request for the ultimate drafting


for asylum letter due to political opinion .. will get back soon to you..


have a great day...


 


 


 

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