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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: 107232
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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on an i 130 form, if we tell the truth about working for the

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on an i 130 form, if we tell the truth about working for the last 5 years, will the form be denied?

Guillermo J. Senmartin, E :

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. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.

Guillermo J. Senmartin, E :

What is the basis of your I-130 application?

Guillermo J. Senmartin, E :

Marriage to a U.S. Citizen, perhaps?

Customer:

marriage 1 yr but i dont want to lie about working, but i am afraid they will deny or take a long time to accept the i 130

Guillermo J. Senmartin, E :

Ok, and why do you think you will need an I-601 waiver?

Customer:

not now, later...my husband never had a crewmans visa d1....and overstayed 20 years undocumented

Customer:

are you there

Guillermo J. Senmartin, E :

Yes, sorry. I stepped away for a moment.

Guillermo J. Senmartin, E :

So what visa did he use to enter the U.S.?

Customer:

its a visa for 29 days only...my question is about the employment... if i tell the truth on 325a and i130......im afraid they wont accept our forms

Customer:

our lawyer told us not to disclose his employment, and i didnt agree

Guillermo J. Senmartin, E :

Well, the thing is that I like to be thorough with my answers and anticipate other issues, etc. But if you just want me to focus on his illegal employment, I will....

Guillermo J. Senmartin, E :

Why don't you agree with your lawyer?

Customer:

because i dont want to lie about him working. we think it is the right thing to do. and pay a fine rather than lie and then go on an interview and have to lie again

Guillermo J. Senmartin, E :

Well, I had this same discussion with a customer of this website and they got very upset at me. I hope you do not get upset as well. I'll explain....

Customer:

no. i wont

Guillermo J. Senmartin, E :

I agree with your attorney and the reason is that marriage to a U.S. Citizen is basically something that makes illegal employment a non-issue.

Guillermo J. Senmartin, E :

Essentially, illegal employment is not one of the grounds of "inadmissibility".

Guillermo J. Senmartin, E :

So it would not cause a denial if he fails to disclose illegal employment or even if he discloses it. They pretty much know because he had to support himself somehow, but they choose to ignore it and never ask questions about it.

Guillermo J. Senmartin, E :

So in my 12+ years of practice, doing cases just like yours (my favorites, by the way), I always fill out the G-325As leaving out any information about employment.

Guillermo J. Senmartin, E :

This has the benefit of not being a lie.

Customer:

wow, thanks

Guillermo J. Senmartin, E :

Omitting information is not lying about it.

Guillermo J. Senmartin, E :

So I just leave those in blank.

Customer:

ok,,, i was planning on writing self employed, but i think i will leave them blank

Guillermo J. Senmartin, E :

That has always worked for my clients.

Customer:

are you in florida?

Guillermo J. Senmartin, E :

So he should be able to get the I-130 approved.

Guillermo J. Senmartin, E :

Yes, I am in Florida.

Customer:

do you have an office?

Customer:

will need you later for the 601

Guillermo J. Senmartin, E :

I do have my own practice. Would you mind if we switched this over to Q&A? There is a method to my madness.

Customer:

i dont understand

Guillermo J. Senmartin, E :

Ok. Give me a sec....

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