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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94402
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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hi my name is XXXXX XXXXXm trying to get my green card, ive been

Resolved Question:

hi my name is XXXXX XXXXX trying to get my green card, i've been leaving hawaii since 2006, i got married two times, divorced once, i have a 7 years old boy, i would like to visit my parents in tahiti but i can't please i need help i already apply for my green card but they denied it because when i applied at that time my situation wasn't stable i was moving a lot so i couldn't get letters from the immigration on time...please what can i do?
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.

 

 

What is the basis for you applying for U.S. Lawful Permanent Residency? If your husband has disappeared, how are you applying?

Customer: replied 1 year ago.

well i am not sure how to do anymore since my husband is gone, is there anyway i can apply without him? i have a 7 years old boy from my previous marriage, his dad is a us citizen but we divorced.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

What was the visa that you used to enter the U.S.?

 

 

Did a U.S. Citizen or U.S. Lawful Permanent Resident husband abuse you and can you prove it?

Customer: replied 1 year ago.

i came with a tourist visa, my ex husband was abusive thats why we divorced, but my actual husband was in the army, he finished he's contract and we were supposed to live together but i guess he had other plans he just desappeared, he was in texas i was waiting for him in hawaii we got married in december 2012, i went to texas in febuary 2012 for one week leaving my son in hawaii but i came back because i could'nt handdle it over there...so how can i get my green card?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Unfortunately, unless you can prove that one or the other husband abused you, you need a U.S. Citizen husband sponsor. Since you entered the U.S., you have the following options:

 

 



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



2) Apply for Asylum (you 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 you fear to return to your home country because you believe that you will be specifically targeted due to your race, religion, nationality, social group or political opinion and that you run a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, you would have to prove that you have been at least 10 years in the U.S. AND you must also prove that if you are deported, a U.S. Citizen or Lawful Permanent Resident that depends upon you 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 you marry a U.S. Citizen (for love, of course), you could file for Residency without having to leave the U.S.

 

 

 

4) Or if you have police reports and/or medical reports to prove abuse, you can apply for Residency on your own. Here is a link:

 

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b85c3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD

 

I am truly sorry, but the options are limited. Your child cannot petition for you until your child turns 21. 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 to you. 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: 94402
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

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