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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105120
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hello, in 2008 I applied for the change of status in the

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in 2008 I applied for the change of status in the USA. At that time I held tourist's visa, but I was married to American citizen (got married in 2007). My application was accepted and being processed, but for some reason it was taking really long time, in the meantime, my tourist's visa expired.My husband and I left the country and tried to re-enter after a half a year later, after my application in the USA was approved. Unfortunately, i was told at the border, that I should withdraw from entering, because I have overstayed my tourist's visa by 1.5 month. In 2010 I was granted permanent resident status and since then every time I travel in and out of the country, I am being questioned and harassed at the US border, since I was rejected the entrance at 2009. Is there anything that can be done in this case to ease my entrance into the country? I don't feel extensive questioning is relevant, since my overstay happened before I was granted permanent resident status.
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 totally understand your indignation and it is a very inconvenient thing. The problem is that they believe (and they are correct) that only a U.S. Citizen has a "right" to enter the U.S. Not even the U.S. Lawful Permanent Resident spouse of a U.S. Citizen has a right to enter. It is a discretionary benefit for you, not a right. So how to make things easier on you without you becoming a U.S. Citizen which you can do after having Lawful Permanent Residency for at least 2 years and 9 months if you are still married to the U.S. Citizen, in a good marriage and have a 10 year green card? Well, you can go to the CBP Redress system:

And you can also try DHS Trip as well:

Hopefully one of these will work for you. If they do not, they you may need to become a U.S. Citizen and then you should not have anymore problems in that regard.

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 Thank you!

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