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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94421
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My name isXXXXX national, i was brought

Customer Question

My name isXXXXX national, i was brought to the USA. illegaly as a minor to join my mother, from 17 years old to 23, in mean time I got married and had a son, when i was 23, i returned to mexico, were i went to aplly for a turist visa, with it i went back to te USA", And i wasn't admited because they found in my luggage a california drivers licences. so they dine me the entrance and cancel my visa on the I-275, 212(a)(5)(A)(i),212(a)(7)(A)(i)(I), inmigration law, this happend in september 1995 i havent go back U.S.A since, then Last year my son a US citizen applied for a resindent visa, i have a date at the US consulate at Ciudad Juarez, Mexico for an interview, and I wonder what are my chances to succesfully get it

thank you
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 isXXXXX 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.

I need to verify some things:

1) What age did you leave the U.S. when you went back to Mexico to live?

2) Did you lie in any aspect when you applied for a visa to come to the U.S. after you had left?

3) What was the last date that you left the U.S.?
Customer: replied 1 year ago.
I was 23 years old
No, I did not lie
June 1995
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok. Sorry for the delay in getting back to you. It's been a busy day at my office with client appointments. I do have good news. Because it has been more than 10 years since you left the U.S., and because you did not lie to get any immigration benefit, you should not have an issue were you need a waiver to enter the U.S. as a Lawful Permanent Resident. So in that regard, I think you have an excellent chance. I cannot tell you 100% because there is no 100% in U.S. immigration law, but you are probably going to get the 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!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94421
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

But, What happen went they cancel my visa they found out that I was living in the US so they cancel my visa and send me back to Mexico that happen in sep 1995 they write down in my passport the folowing articles


I-275, 212(a)(5)(A)(i),212(a)(7)(A)(i)(I)

Customer: replied 1 year ago.

But, What happen went they cancel my visa they found out that I was living in the US so they cancel my visa and send me back to Mexico that happen in sep 1995 they write down in my passport the folowing articles


I-275, 212(a)(5)(A)(i),212(a)(7)(A)(i)(I)

Customer: replied 1 year ago.

Hello Guillermo are you goin to answer my last question?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Sorry. I have my own law practice and I have had a busy day at the office. INA 212(a)(7)(A)(i)(I) doesn't apply anymore because that is for an exclusion and has a 5 year penalty which passed a long time ago. As far as INA 212(a)(5)(A)(i), that has to do with coming to work in the U.S. and not having a Labor Certification, so I am not sure how that applies in your case.
Customer: replied 1 year ago.

Does it affect me now that they had cancel my visa because they think I was going to work.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
It's more than 10 years later, so no, it should not since you did not lie about anything. You did not commit fraud.
Customer: replied 1 year ago.

 


They cancel my visa and they removed me from Los Angeles Airport


and they let me know that I violated the visa rules.


 


I just want to be sure that is not going to affect me now. My english is not so good so I just want to make sure you understand my situation.


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
It sounds like an exclusion to me and that has a 5 year penalty and more than 5 years have passed.

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