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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105614
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am in america now i come in america as student visa .my visa

Customer Question

I am in america now i come in america as student visa .my visa was expired i stay with my girl friend so i cannot live with out her and she also .i don' t want to go back to my country and i want to spend my rest of my life in america .what can i do further
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Welcome to JustAnswer! My name is***** I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
That your visa expired doesn't matter. The visa is only for entry, not for staying. When did you stop taking classes? Why did you stop taking classes? Is your girlfriend a U.S. Citizen willing to marry you? What country are you from? Please answer each question. You are not charged per question, per response nor per answer. Thank you.
Customer: replied 1 year ago.
My girl friend is us green card holder she will get us citizen very soon . She is very much willing to marry . I am from Sikkim .
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
But when did you stop taking classes and why?
Customer: replied 1 year ago.
I stop to taking classes on May 25 th 2015 reason is my girl friend is in ohio I am vergina so my course was not there
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
First, let me explain that you are not a priority for deportation. Why? Because right now, the government is short on money at the moment and they just don’t have the money to deport everyone that is deportable from the U.S. Because of that, they are focused on deporting persons that have serious crimes. So as long as you have no crimes in your background, your risk is very low. Here is a link and the most updated one:
http://www.ice.gov/doclib/news/releases/2010/civil-enforcement-priorities.pdf
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf
Second, since you are out of status, your girlfriend can only marry you and file an I-130 and an I-130 doesn’t give you any immigration benefits. You will need for her to become a U.S. Citizen to help you stay in the U.S. After she becomes a U.S. Citizen and you marry, you will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.
The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your spouse's U.S. Citizenship, proof of your legal entry into the U.S., and financial documents of your spouse to prove their income over the last year at least.
In about 3 to 5 months after filing, you should get a work permit and Advance Parole. About 5 to 7 months after filing you should get a marriage interview (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later you should get a Residency status (green card).
In a few minutes, I will send you an offer of additional service. Check your email for that and follow the directions before leaving a positive rating. Since these are my favorite cases to do, I have a good deal of experience with them and enjoy them. I am more than happy to discuss the case in private over the phone or email for a small additional fee and we can go from there. If you want to decline it, no problem, you can ask additional questions without any additional charge. But if you do decline it, please remember to leave a positive rating for me. Use those smiley faces. Since I am not given a salary, it is the only way that I am compensated by the website. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, “To finish…” I can still answer additional questions for you without additional charge.
May 25th, 2015 has not passed yet. I will assume you meant May 25, 2014 and that you will not leave the U.S. because it will be difficult to come back to the U.S. First, let me explain that you are not a priority for deportation. Why? Because right now, the government is short on money at the moment and they just don’t have the money to deport everyone that is deportable from the U.S. Because of that, they are focused on deporting persons that have serious crimes. So as long as you have no crimes in your background, your risk is very low. Here is a link and the most updated one:
http://www.ice.gov/doclib/news/releases/2010/civil-enforcement-priorities.pdf
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf
Second, since you are out of status, your girlfriend can only marry you and file an I-130 and an I-130 doesn’t give you any immigration benefits. You will need for her to become a U.S. Citizen to help you stay in the U.S. After she becomes a U.S. Citizen and you marry, you will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.
The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your spouse's U.S. Citizenship, proof of your legal entry into the U.S., and financial documents of your spouse to prove their income over the last year at least.
In about 3 to 5 months after filing, you should get a work permit and Advance Parole. About 5 to 7 months after filing you should get a marriage interview (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later you should get a Residency status (green card).
In a few minutes, I will send you an offer of additional service. Check your email for that and follow the directions before leaving a positive rating. Since these are my favorite cases to do, I have a good deal of experience with them and enjoy them. I am more than happy to discuss the case in private over the phone or email for a small additional fee and we can go from there. If you want to decline it, no problem, you can ask additional questions without any additional charge. But if you do decline it, please remember to leave a positive rating for me. Use those smiley faces. Since I am not given a salary, it is the only way that I am compensated by the website. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, “To finish…” I can still answer additional questions for you without additional charge.
Customer: replied 1 year ago.
So what can I do for further please I am really in need of help .i don't have any work permit so it is very difficult for me to live so please help me now
Customer: replied 1 year ago.
U r right that is my bad I try to wrote may 25th 2014
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
If you left now, you only have a 3 year bar that you cannot come back for 3 years, but it would be very hard for you to get a visa and a waiver to come back during that time and even after 3 years it will be very hard to get a visa. If you stay passed the 26th of May, the penalty is 10 years. So you are going to have to stay. Unfortunately, you won't be eligible for a work permit until she becomes a U.S. Citizen and files for you. I am truly sorry. Even if you applied for Asylum, you would still have to wait 150 days before you could apply for a work permit and after you apply you would have to wait around 2 to 4 months processing time. So either way, you have to be patient. I am truly sorry. Please let me know if you have additional questions and please do not forget to rate my service to you positively (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 1 year ago.
What is the best way that I can get work permit .i can wait until my girlfriend become U.S. citizen . There is 6 more month to get citizen .but how can I wait for 6 more months
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
There is no way that you can get a work permit now because you are out of status. You either have to apply for Asylum which I do not recommend unless you would be persecuted because of your race, nationality, religion, social group or political opinion, or you have to wait until your girlfriend becomes a U.S. Citizen and applies for you. Again, I am truly sorry, but you are going to have to wait because you are illegal. You are not eligible for a work permit. Your girlfriend can apply for U.S. Citizenship with 4 years and 9 months of Residency. She does not have to wait until 5 years of Residency so maybe that helps. Let me know if you need anything else, but please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Sir, not leaving me a positive rating after all of the information that I have given you is unkind. Since I am not given a salary to be here, it's like I worker for free and no one likes to work for free. It is very important that you leave a positive rating. Unfortunately, you have to wait until your girlfriend applies for U.S. Citizenship and gets it and files for you and they process the forms for you. I can give you an estimate as to when that will be.
If your girlfriend reaches 5 years of Residency in 6 months and she can apply 3 months early, that means in 3 months she can apply. Then it will take 4 to 7 months for her to get the interview and then maybe 1 to 3 months to get the actual U.S. Citizenship. Then she can apply for you after you marry and it will take 2 to 4 months for you to get the work permit. So minimum you are going to have to wait 6 more months to get a work permit. You can ask that all of these times be expedited and here is a link:
http://www.uscis.gov/forms/expedite-criteria
The only good news I can give you is that if you work without a work permit, that will not prevent you from getting U.S. Lawful Permanent Residency through your spouse.
Now I ask that you please use a smiley face or three or more starts to give me a positive rating because I have spent time trying to help you and giving you good information. I am sure that you like to be compensated for work that you do and I would like the same. Your question does not close just because it says, "To finish..." We do not finish until you want to. Thank you for your understanding.

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