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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94685
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Ok I have more question. We filed the application May 3rd 2013

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Ok I have more question. We filed the application May 3rd 2013 and have not yet been approved yet or received anything except the initial comfirmation letter of receipt of NOA 1. How long do you think we need to wait in order to be approved. My wife is pregnant and she won't return home unless I come with her, we want the baby to born in the states. Your reply is highly appreciated
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
The I-130 will probably be approved next month. It takes around 6 months to process an I-130, but the consular processing will take about 6 more months. You can try to expedite it. Here is a link:


http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD




Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94685
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
Customer: replied 9 months ago.

If my I-30 is approved and I get my visa. How long to get my greencard and ssn?

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Once you enter the U.S., it takes 2 to 6 weeks to get your green card and with that you can get your SSN.
Customer: replied 9 months ago.

Ok. But do I need to file any other papers to get that? Or all I need to do is to just wait.

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
As soon as you enter the U.S. on the immigrant visa, the green card come automaticaly in the mail a few weeks later. Then you have to go personally to the Social Security office to ask for a Social Security Card.
Customer: replied 9 months ago.

Thamks alot

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
You are very welcome! Thank you for the excellent rating. If you would like to request me in the future, please remember to put my name in the subject box. Good luck to you!
Customer: replied 2 months ago.

I have a question. I am now in the USA through the cr1 visa and I got my green-card now. If i decide to leave the USA with my wife for just 6months, how possible is it for me to leave without the re-entry visa?

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.
You should come back before 180 days. If you stay out longer than 180 days but less than a year, the officers will not like it, but should let you back in without confiscating your card and placing you in Removal Proceedings.
Customer: replied 2 months ago.

So you mean I can leave the country and come back in, as long as I dont exceed 180days? Is that right?

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.
Correct.
Customer: replied 2 months ago.

My last question: I will be leaving and returning back to the country every 5months hope that won't be a problem for the immigration to question my leaving and returning every 5months? And again, do I or not need required to apply for Re-entry visa? Is it necessary?

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.
I doubt it will be your last question. Watch. No, that is not good enough. 5 months out, a few weeks in and 5 months out again is going to get you in trouble. You need to be in the U.S. more time than outside of the U.S. So if you are out 5 months, you should come back for 6 months before leaving again. Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 month period (not necessarily calendar year) creates a rebuttable presumption of abandonment of residency. That presumption can be rebutted by evidence to the contrary such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. drivers license, U.S. bank accounts with significant movement, etc.


Someone that has been outside of the U.S. for more than 1 year without first having an approved re-entry permit has abandoned their residency and only in very few exceptions (such as serious illness) can they get it back.

Here is an official link:

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence


So if your plan is to live outside and just come back every 5 months for a few weeks, then you better get a Re-entry permit!

Good thing you said last question! Good luck!
Customer: replied 2 months ago.

Thanks I appreciate. I will better get a 're-entry permit

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.
Yes, that would be safest. Remember you don't have to wait in the U.S. for it. You have to be in the U.S. to apply and to have your fingerprints taken. After that you can leave and have it sent to you overseas. Good luck!
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94685
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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