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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107607
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am 37 my mother just got her citizenship and I am overstayed,

Customer Question

I am 37 my mother just got her citizenship and I am overstayed, Can I apply for legal status, Green card?
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.
Unfortunately, no. Not to be able to stay in the U.S. If you would like me to explain why and to explain what options you have available, please answer the following: How did you enter the U.S.? Illegally or with a visa? Which visa? What country are you from? How long ago did you enter the U.S.? How old were you when you entered the U.S.? Please try to answer each question. If you do answer each question, you are not charged per question, per response, nor per answer, but please keep in mind that I am not given a salary to be here. If I give you bad news, please leave a positive rating for my honestly and professionalism that will keep you out of trouble because that is the only way I am compensated by the website. It doesn't cost you anything more to do that. Thank you.
Customer: replied 1 year ago.
I came to the US as A child a one year old. After that I flew back and forth with A ( E 1 Visa) the Last time I came in the Country was in 2005, with A legal Tourist visa, On a Dutch Passport.My Dutch Passport from the Netherlands has expired now, I still have the Green entry slip.
Customer: replied 1 year ago.
I do have School records, as a child going to preschool and Elementary School.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
How old were you in 2005? When did you fall out of status? And you never had an I-130, I-140 or Labor Certification filed for you or under which you were named on or before April 30, 2001?
Customer: replied 1 year ago.
I was 27 years old in 2005 and my tourist visa was only valid for 3 months, so Overstayed more than 10 years. I did file a I-797C in April of 2005 to extend the status but was denied.Never Filled I-130 or I-140.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok. I ask that you PLEASE not log off without leaving a positive rating using smiley faces or 3 or more stars. This is VERY important and we do not finish just because it says, "To finish...". You may continue to ask additional questions without additional charge on this same thread even after you leave a positive rating.
Unfortunately, I am going to have bad news for you. Please understand that I am not given a salary to be here and I am taking my time to write an explanation for you. It will not be good news (of which I have no control), the solutions you will not like and are inconvenient, but I am still taking my time and the ONLY way I am compensated is if you leave a positive rating in regards ***** ***** service. Please rate my service, not whether the news is good or not. You are not charged again and we may continue to communicate without additional charge after you rate positively. I hope you understand and I am very sorry to tell you this, but the only U.S. Citizens that can apply for you to stay would be a U.S. Citizen spouse or a U.S. Citizen son or daughter that is over 21. Your mother can file for you, but it will first take a few years before it will be available for use and then when it is able to be used, you would have to leave the U.S. to use it and risk the 10 year bar. What you can use to avoid the 10 year bar is the new I-601A waiver. It is a new procedure. What has changed is that before, a person had to leave the U.S. and spend around 15 months or so while waiting for their appointment at the U.S. Embassy or Consulate in their home country and then HOPE that they got approved, but the change is that now the same person can apply inside the U.S., get a pre-approval, and then with that pre-approval they can leave the U.S. for just a few days or even a day, present themselves for a scheduled appointment at the U.S. Embassy or Consulate, and then get the final approval and come back as long as there are no other reasons of inadmissibility, just having entered the U.S. illegally or having overstayed. Here is an official link:
http://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers
So unless you have a U.S. Citizen spouse or son or daughter over 21 that petitions for you or you win Asylum or similar protection, your choices are limited. I am truly sorry. I wish I had better news for you.
Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That does not help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. 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. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Thank you for your kindness and respect. Good luck to you.