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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106248
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I want to apply for green card through my employer using form

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I want to apply for green card through my employer using form i485. This form ask for spouse immigration status. My spouse is out of status. How can that affect her or my application?
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.


She entered the U.S. illegally or with a visa? Which visa? And your current status is H-1B? I'm trying to determine the risk to her.
Customer: replied 3 years ago.
She enter illegally. And yes my visa is H1-B
Well, she is always at risk of deportation. But as long as she has no crimes in her background, her risk is very low. The reason is that the U.S. government just doesn't have the money to deport everyone that is deportable, so they are focused on those that have crimes in their background. Here is a link to prove what I say:


http://www.ice.gov/doclib/news/releases/2010/civil-enforcement-priorities.pdf


So her risk is low. 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 3 years ago.
Are we required to provide proof of her status? Will her passport copy be enough as official document?
Fortunately, no proof of her legal status is required. They won't be asking for her passport either. Since she cannot get legal status through you at this time, this is why they will not be asking for anything in regards XXXXX XXXXX 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.
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