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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 93023
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My wife is a Canadian citizen finishing her fellowship in allergy

Customer Question

My wife is a Canadian citizen finishing her fellowship in allergy and immunology in the US under a J1 Visa. I am a US citizen and we would like her 2 year stay requirement waived. How can this be accomplished?
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 months 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.


Unfortunately, it is not easy and it is not meant to be easy. Here is an official link as to what categories are available:


http://travel.state.gov/visa/temp/info/info_1288.html


She has to choose one to apply under and prove it. If she can get it approved, then she will be able to Adjust Status in the U.S. without having to leave. 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 9 months ago.

I'm a bit disappointed that the answer you provided was the same that I found on Google hours before.


 


I am a financial advisor in the US and the firm does not allow me to service clients in Canada and thus I will likely lose my job if I went to Canada with her. Does that qualify as hardship to me, the spouse?


 

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Google has TONS of information. In fact, you can find almost all U.S. immigration law online. That doesn't mean that you have the experience and knowledge to understand it, to understand what applies to your situation and what does not apply, what would be the best course of action for you and what would be the worst course of action for you. That's why you come to this type of forum and ask it of experienced and licensed attorneys.

As far as your situation as you describe it, I don't think that is going to fly. Why? Because it isn't like you are going to have a horrible life in Canada. But you don't know that. Why? Because you need an attorney like myself to explain what they are looking for as hardship.

212(e) is not east to get out of. It isn't supposed to be. But that is not my fault. Please do not shoot the messenger. You ONLY asked how it could be accomplished to waive the requirement of 212(e). You did NOT say, "Well, I know what the categories are, but what can we do that is out of the ordinary because I think we are screwed with the normal categories?"

So if that is what you are asking, then you are looking for an exception to the exceptions. I hope you understand what you are asking for. And I hope you understand that if there is no such exception, it is not my fault. So is that what you are asking for? Do you think that she will not be able to meet any of the categories available?
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Sir, rating my service as "poor" is not going to change the reality. Believe me, if there was a loophole, I would tell you. I just get a little upset when people tell me that they could get the same information online. Of course they can, but that doesn't mean you know what the correct information is or what will work and what will not work and why. I also specifically asked that you ask additional questions until you are satisfied with my service. I apologize for getting upset. I do want to help. Unfortunately, I do not think that your situation is the type of situation that will qualify for the hardship that they look for.

 

 

What other hardships do you think might be present? Do you think she can qualify for any of the other categories?

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Hello. I want to help you, but unless you respond to me, it is going to be very difficult. So what other hardships could be present in this case? And what other categories do you think she can qualify for? I would be happy to explore them with you. Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Ok. Well, thank you for your kindness. Good luck to you anyway.

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