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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95072
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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my boyfriend was deported from Ohio 4 yrs ago and again 2 weeks

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my boyfriend was deported from Ohio 4 yrs ago and again 2 weeks ago. His whole family is in Ohio and the city he is from in Mexico has a lot of violence. He entered both times illegally. The second time immigration asked him if wanted to go back right away and he said yes, so he went back the very next day. We were suppose to marry in October. What are the chances of him returning to the US legally? He has never been in trouble.
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 was trying to answer you earlier but I had an internet issue and lost the lock on your question which is why a different expert got it. 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.

He entered illegally both times. He is from Mexico. I have all of this information in my question. He 29 when he entered the first time and deported 2 weeks ago at age 35

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
So you mean he had TWO illegal entries into the U.S.? And they did not charge him criminally? They could have. He got VERY lucky if they did not because there is a criminal penalty of up to 10 years in prison if he entered illegally a second time after a deportation. I think I have a solution for you, but it is a long hard road. You won't like the answer, you won't be happy with it, but it is a solution under the current law.
Customer: replied 1 year ago.

Please what is the answer? How long will we be apart?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
You are looking at about a year, maybe a year and a half that you will be apart. I ask that you please not blame me for the broken system of immigration laws that we have in the U.S.

He will need three things for you to bring him back:

1) You must file for him either as a K-1 fiancé using form I-129F, or if you marry him outside of the U.S., you can file for him as a K-3 spouse by filing an I-129F and I-130, or if you go there and marry, you can apply for him through the CR-1 process which only requires a form I-130. All those forms can be found at http://www.uscis.gov/forms.

a) The K-1 fiancé visa takes 6 to 9 months, but you must have met before during the last two years in order to process it. The I-129F will cost $340 plus a $350 fee for the visa processing fee. After he enters the U.S., then you have to marry and then he has to pay $1070 for the I-485 and he will have to wait about 5 to 7 months and then get another interview that you attend with him so that he can get Residency.

b) The K-3 spouse visa takes 6 to 9 months, you must be married. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after he enters the U.S., he must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

c) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. You must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once he enters the U.S., he enters as a Resident and he does not have to file (or pay for) an I-485 nor does he have to attend an additional interview. He just gets his green card in the mail a few weeks later.

So the K-1 and K-3 are faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no "middle of the road" visa that he can use to enter the U.S. while that process is pending. He will most likely have to wait outside.

Here is a link to all three:

http://travel.state.gov/visa/immigrants/types/types_1315.html

2) He will need an I-601 waiver to forgive the time he spent illegally in the U.S. To get this waiver he will have to prove that his spouse will suffer extreme hardship if he is not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because the hardship probably will need to be more than just economic hardship or emotional separation hardship. You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.

http://damascus.usembassy.gov/ina212.html

and here is another link:

http://ciudadjuarez.usconsulate.gov/hcis601.html

Here is a link to what extreme hardship is:

http://www.ilw.com/articles/2007,0717-scott.shtm

3) He will need an I-212 special permission to apply for admission to the U.S. after deportation. He can only apply for this after he has been outside for at least one year. Here is a link to that:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=95cc2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

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!

Customer: replied 1 year ago.

Let me see if I understand, he will have to stay in Mexico for 6 to 9 months. If approved we pay the money and he can return to the US and we can marry. Then we have to wait 5 to 7 months for for an interview together. If he is not approved will we have to pay the money anyway?


 


If we can't prove extreme hardship he can't return


 


If he has to stay outside for more than a year how will we have the interview together?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
6 to 9 months is just for the first part.. The 2nd and 3rd part will probably take another 6 to 9 months as well. And it isn't just paying the money. The waiver is not easy to get and it isn't supposed to be easy to get. And yes, just paying the money does not guarantee approval. And there is no reimbursement from immigration if there is a denial. The payment is for processing, not for approval.

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. And don't forget that bonuses are always appreciated! Thank you.
Customer: replied 1 year ago.

so we will have to way 1 yr or more to marry or can he return after 6-9 months if approved and then we can marry

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
6 to 9 months would be if he had not been deported. Because he was deported you are looking at just 6 to 9 months just for the first part, then another 6 to 9 months for the waiver process. I wish it wasn't like that, but they take time to process the waiver and I think part of it is as a punishment for violating the immigration law. I am truly sorry. I wish it wasn't so. Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95072
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

How can I find out if he has been barred for re-entry. He told me that Immigration didn't tell him anything. They told him to sign some papers and he was in Mexico the next day. He did not go to court

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
IF they granted him Voluntary Departure, then he would not need step 3. You would have to look at what he signed to know for sure.
Customer: replied 1 year ago.

he says they did not give him any papers. They kept his Mexican ID and papers and gave him his wallet and $45 that was inside.


 


I am so worried about him, because he told me some guys beat him up and robbed him last night. His entire family is in the US. I need to get him back here, but legally. What if he is killed before everything is complete!


 


After I file a K-1fiancé form I-129F for him and wait 6-9 months to see if it is approved can he return to the US?


 


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, unfortunately, there isn't much that you can do. They will let you know if he has a deportation on his record. If he does not, then you can TRY to get everything expedited. Here is a link:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

If he does have a deportation or removal, then he is required by law to wait at least 1 year outside of the U.S. before he can be granted the waiver to come back. If he is in danger, then perhaps he should move to another safer part of Mexico. I am truly sorry about the situation. I wish I had a better solution for you.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95072
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

I have another question. I would like to find out if my fiancé has been barred from the US before I pay all the fees for the K-1 fiancé visa. Since he is without money or an address in Mexico can I complete the form for him?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, that's not so easy. Or rather it's not easy to get a quick response. You may have to at least file the I-129F first and pay those fees which is $340 because filing a G-639 Freedom Of Information Act (FOIA) request, while it is free, may take 2 to 4 months or more to get a response. So you may not want to wait that time and then later file the I-129F, but that is up to you. He may have to fill it out and sign it as if he was requesting it since as a fiancee, you don't really have legal standing to get the information, or at least I've never tried it like that. Here is the link to the G-639:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6f2a4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95072
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

He has no address in Mexico. Can an attorney request his records? Can I get in trouble for helping him legally return to the states? Why does t his have to be so difficult!!!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
He can put an address in the U.S. And yes, an attorney can request the records as well, but they will charge you probably $300 to $500 or more.

And no, you won't get in trouble for trying to help him come LEGALLY to the U.S.


And we shouldn't get into that type of discussion as to why it has to be so difficult. That is a political not a legal discussion. All I'll say is that the U.S. doesn't want to make it easy because they don't want persons outside of the U.S. thinking that it is ok to enter illegally as long as they can hide out long enough to have a relationship with a U.S. Citizen then get status easily. So they intentionally make it difficult. I am sorry about that.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95072
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
How can he complete and sign the form if he has no address for me to send the forms to? I can't legally request the information for him? I saw a box that can be checked if I was requesting information for someone else. And ...OH MY GOSH!!! Now my mind is thinking crazy thoughts!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
He just puts his information and signs it but puts your address so that you can receive it. There's no fraud in that and they aren't going to automatically think that he is in the U.S. just because he put your address. Besides, this form is often filed by persons that are illegally in the U.S. anyway. It doesn't normally trigger an action by ICE.
Customer: replied 1 year ago.
Does the form have to be notarized?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
It must either be notarized or he must swear declaration under penalty of perjury. He would do the sworn declaration of perjury and sign under the execution outside of the U.S. but use your U.S. address since you are the one that wants to know what is going on with his background.
Customer: replied 1 year ago.
Even though we have been together for a while now, what you mentioned early made me think a little more. Besides marriage is there another way for him to legally re-entry if no bans against him
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
What specifically did I mention that made you think that? It is not easy at all to come to the U.S. That's why often people just cross illegally.
Customer: replied 1 year ago.
That the US doesn't want people to enter illegally and think its ok to have a relationship with a American and get a status easier. After being with him for three years the never crossed my mind when he asked me to marry him.

So, is there another legal way for him to enter?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Oh, there are plenty, but he probably won't quality for most. Also, while he could apply for a 212(d)(3) non-immigrant waiver if he could somehow get approved for a non-immigrant visa (which is a long-shot), the waiver is necessary since he is inadmissible to the U.S. for 10 years from the date he left the U.S. and that waiver is VERY difficult to get. So it's very hard to get a non-immigrant visa, even harder for him because he has a history of violations and even if he can get an approval, he still needs a very hard to get waiver to come in unless he waits outside for 10 years. If he tries for an immigrant visa within the 10 year penalty, he would need a U.S. Citizen or U.S. Lawful Permanent Resident spouse or parent to qualify him for the immigrant waiver. Children do not count. If he doesn't have one, then he's done. He has to wait the 10 years. Anyway, I will list below the immigrant possibilities and the non-immigrant possibilities for you, just in case you want to read about them.

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, but the wait for that is about 4 to 12 years or so.



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



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



Through investment, he is 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.


There are some visas available where he can stay temporarily and then later change to Lawful Permanent Residency if he qualifies.


Some of the visas available through employment (if he has a job offer and he qualifies) 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



As you can see, many options, but none are very easy.
Customer: replied 1 year ago.
I'm responding to your answer dated 30 July @ 10:45 PM: how can he sign the form if he has no address in Mexico? Can I request the information? I'm afraid if I give it to his mother here she will complete the form and have the information mailed to her address instead of mine
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
It's not that complicated. Send him the form. Have him fill it out and sign it over there. He can even do it online himself and print it out. Then he can put it in the mail to USCIS or he can send it to you and you can put it in the mail for him.
Customer: replied 1 year ago.

Hello, It's me again. My fiance doesn't have an alien number or any other number for identification. What now?! How can he complete the G-639?!?!?!


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Many persons with immigration records do not have an A#. You just fill it out with as much information as possible and leave it up to them to find the correct records.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95072
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
My fiancé sister just told me that he is barred for twenty years :-( and lots of tears. If I understand everything there is no reason for me to apply for the K-1 Visa, because he will be denied, correct. I don't think he will be approved for the work Visa, be because he has always had his own business cutting trees, roofing, and other hands on jobs. That you so much I'm so sad today
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Not sure why you are sad about this. We knew this already. My first answers to you include the waivers that he would need to come back to the U.S. So nothing has changed. He still needs the I-601 waiver to forgive the 20 year deportation. I never said it would be easy, but there is still the same chance. Nothing has changed.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95072
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

I'm sad because he is a very hard working man that was in this country making a honest living. Yes, he was here illegally, but so are thousands of drug dealers, rapist, and murders. I understand the law ans what happens when people are caught being here illegal.


 


I think it's just that my depression and anxiety have really been on high levels since he left. I have been refusing to go into the hospital, because I'm scared I will miss his call or something terrible will happen to him. I'm sure it's hard for you to understand how I feel. I went from being in my house for months at a time without even going out to check my mail to being able to go to a store with some I trust.


 


Thank you so much for all the information you have given me and for the hard job you have. I truly look up to you for serving in such a challenging area of the law. Thank you again.


 


 

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