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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96024
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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have a question about asylum and immigration reform. i have

Resolved Question:

have a question about asylum and immigration reform.

i have friend who entered usa legally and has a good visa record for over 2 years. she married this past january when her visa was expired. She wanted to go back to her country in january before her visa expired but the man convinced her to stay and marry him. He made her alot of marriage lasted only a few months. The man promised to file immigration papers. He never filed the immigration paperwork and than divorced her causing her status to be illegal here.

She was left with no job , no place to live and had to stay at a friends place.

it has been difficult for her to go back to her country because she has no place to live in columbia except with a ex husband who has a documented history of being abusive to her.

The marriage without being filed with immigration has caused her status to be illegal.

Does she have the possibility of qualifying for asylum because is it abuse from the ex husband here because of promises made convincing her to not to worry about extending her stay beyond her visa expiration date causing her to be illegal status by not filing paperwork than on top of that divorcing her?

Question about immigration reform. if she entered the USA before december 31 2011 and has stayed here till now with only 1 two month visit will she qualify "Registered Provision Immigration Status" if reform is passed?
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.


When was the date that she last entered the U.S.?

What was the visa that she used to enter?

She is from Colombia?


The problem with the ex-husband in Colombia is that spousal abuse is not a case for Asylum. That is a local police problem even though the police may not do much. It isn't something that the U.S. will take her in because of. It is something that she has to push the local police in Colombia to take care of.
Customer: replied 1 year ago.


the last date she entered was in june of 2012. she has a visiting visa that her visa alowable time here expired in january 2013, the man a US citizen who married her here in US, married her in january 2013 for a few months never filed the marriage with immigration than divorced her causing her to be illegal. could she get asylum for that?



 


tourist visa is what she has


 


yes she is from columbia


 


 


can she qualify for "Registered Provision Immigration Status if immigration reform passes?


 


 


 


 


 


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
No, she cannot get Asylum for that and she cannot get any immigration benefit because of those actions unless she can prove that he physically abused her or abused her emotionally to such an extreme that she has psychological or psychiatric reports to back it up.

To apply for Asylum, she has to do it within her first year of being in the U.S. (it is already too late) and she has to prove that she fears to return to her home country because she believes that she will be specifically targeted due to her race, religion, nationality, social group or political opinion and that she runs a high risk of great bodily injury, torture, or death as a result. So that she will be abused by her ex-husband is not going to work.


As far as reform, I don't like to talk about that because if I told you that yes, she could qualify if she entered before a certain date and then because of negotiations that date changes and she no longer qualifies, then I was wrong. So there is a possibility, but no one knows when reform will come out and no one knows who it will help. Recently it was delayed because of the bombings in Boston. Now it has been delayed because of the problems in Syria. Something always comes up and it is very upsetting and frustrating. So don't count on that.


If she wants to marry a different U.S. Citizen (for love, not papers), that is a possibility as well.



I am truly sorry for the bad news, but the options are very limited at the moment. 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!


Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96024
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
96024 Satisfied Customers
10+ years of experience in various aspects of U.S. Immigration Law.