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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94649
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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hi..I came to US on amrriage based green card and after two

Resolved Question:

hi..I came to US on amrriage based green card and after two year when i went to interview with my wife. she told immigration officer that she want to withdrew her petition.I came to know about that when i recieved a denial letter from USCIS.Now I applied for waiver but I recently came to know that USCIS has forwarded my case to immigration court and I am in removal proceedings.My attorny now filed a motion to cancel my removal proceedings as we have al;ready filed a waiver petition and it is pending.My wife is blaming me for an extra marital and she is pressurizing people to send affidavits against me.She was very controlling and her parents use to abouse me.what you think are my chances to get waiver approved.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 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.



The problem is that USCIS does not release statistics. To get an approved waiver, you would have to prove that she abused you (not her parents) and that she was controlling isn't usually enough. It is either physical abuse or EXTREME emotional abuse. These would need to be backed up with police reports and/or medical reports as well as witnesses. If you cannot prove abuse, you can try to prove that the marriage was real, not entered into for the purpose of getting a green card, and that it just fell apart. That happens, and USCIS understands that, but you have to have prove that it was originally a real marriage. The more proof you have, the better your chances are of winning the waiver. You can get affidavits as well that support your side of the story.


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!



Customer: replied 11 months ago.

I have her best firend's affidavit thats she use to mistreat me and I have already submitted 15 more affidavits in support of my real marriage claim.


She was trying to annul the marriage so that I couldnt get my GC and now she is all after my GC.I got divorce frokm court and it was not annulled..does it help me to prove the genuiness of my marriage.


 


And does extra marrital affair affect my case???she was controlling so shared my problems with one of my co worker and we came close.. but there was no affair between us. I have already submitted all my proofs to USCIS but they are still working on my previous case.and when i check my previous case status it is still showing intial review from 23rd Sep 2011.


 


we have submitted a motion to cancel my removal proceedingd as we have filed a waiver petition.When can i expect a reply from them and what are my chances that they will cancel my removings.


 


and after reviewing everything about my case what u think are my chances..


 

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
As I said, that she "mistreated" you is not enough. It would have to be physical abuse or EXTREME emotional abuse and you would normally need police reports and/or medical reports to back those things up. Assuming you do not have those, then you will have to prove that your marriage was real. An extramarital affair does hurt your case because if you were in a real marriage and you started an affair right after you got your GC, then that is evidence that you may have been in the marriage just to get your green card. So that makes your case harder. Doesn't mean impossible, just harder.


As far as your motion to close proceedings, I do not think they will approve it, but you would have a chance to show the judge the result of the waiver and if it is approved, then you can have the removal proceedings closed.


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 11 months ago.

I came to US in 2009 and as per her claims my extra marital affair started in Aug 2011.. so it was not just after me getting the green card. I started after almost 2 years. USCIS is not working on waiver proceeding petition now. cos they are saying as now your case is in immigration court we dont have any jurisdiction on my case anymore. As per my lawyer the court will have to cancel the removal proceedings first and only then USCIS will start working on my waiver petition.


 


But when I recieved the denial letter from USCIS it does not mentioned anything about fraud. So does that mean they are not thinking that its a fraud. they denied it cos my wife withdrew her petition.


 


I have a witness who can testify that my ex wife got married before taking divorce from me.will that help me in my case. My marriage was genuine and I have proofs too to support my claim.She took all my money and jewellery from me.


 


And as I told you online status of my joint petition is still showing initial review not denied.

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
Then if the court does not approve the motion (which I think likely they will not approve it), then you have to file the waiver with the immigration court and prove everthing to the Immigration Judge.

And that the USCIS letter did not mention fraud only means that they didn't get that far. They just realized that they didn't have jurisdiction, so they weren't going to put more time and effort to look into the file.

And no, I don't think evidence that your spouse married someone else before a divorce with you will help much. You have to focus on that your marriage was real. You can use the other things to prove that she is mean and evil, but the MOST important thing is that you prove that your marriage was real.

You asked what your chances are and I am telling you, the more evidence that you have that your relationship was real, the better chance you have. And forget about what it says online. Often they don't even update that. That isn't what counts. You have the denial that says that USCIS and that is what counts.


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: 94649
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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