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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95114
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I was married with a us citizen lady in 2004, she was filed

Customer Question

I was married with a us citizen lady in 2004, she was filed and I 130 aplication on my behalf, the I 130 was approuved,after we have some problems going on between us, she wrote a letter to the immigration, asked them tocancelled the aplication.After the divorce, I'm remarried again with my new wife and we have a child together.My new wife filed a I 130 on my behalf, we went to the interview on 03/24/2008, the immigration was denied my aplication base on married fraud.we did filed an appeal to the board of immigration appeal(B I A) that was dismiss by B I A.In 2010 after ther heartquake in Haiti, I filed an aplication I 821 (T P S) as an haitian.the immigration sent a letter of request for evidence , seing that I was under 204 (c) of immigration law .I did filed an I 601 waiver and tell that I never commit no married fraud .And my I601 waiver was approuved I also granted T P S.my wife filed a new form I130 petition for me base on my I 601 waiver approuval.As the of today (07/02/2013) we went for a interview at uscis the officer said that I can not get the I130 approuve bcause , I'm still under section 204 (c).I want wath about my I 601waiver approuval?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name is Guillermo Senmartin and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


What did you use the I-601 waiver for? To get the TPS?
Customer: replied 1 year ago.

When they tell me that I have to filed an I 601waiver of groundof inadminisibity, bcause they on wath ex wife said that our married wa a fraud married

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, the problem is that the I-601 waiver does not waive marriage fraud. So you cannot get Lawful Permanent Residency as long as you have been found to have entered into a marriage for the purpose of obtaining an immigration benefit. Unfortunately, there is no waiver that waives marriage fraud. It is one of the four things in U.S. immigration law that not even a U.S. Presidential pardon can fix, the others being money laundering, false claim to U.S. Citizenship and drug trafficking. So not even having many U.S. Citizen children would help you. I am truly sorry.

So for now, you have three options:

1) You just stay on TPS and hope that the law changes.

2) You can try to contact your U.S. Congressmen to see if they would sponsor a Private Bill which is a special law, just for you to allow you to get Lawful Permanent Residency. Here is a link on how to contact them:

http://www.usa.gov/Contact/Elected.shtml


3) You can try to prove through clean and convincing evidence that your first marriage was not fraud.

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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