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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106948
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My husband got 20 year bar on September 2009 and was detained

Customer Question

My husband got 20 year bar on September 2009 and was detained in Tacoma Seattle detention center. He wanted to enter USA from Vancouver border because of a long detachment from his detachment from his US citizen son (4 years old son). Now my husband is canadian citizen, I applied for 212 and 601 waiver, but got denied on feb 2015 because of his 20 years bar. I am living in usa with 9 years old son and 2 months old. I have green card and would be eligible to apply for citizenship on Dec 2016. Please help me since I have extreme hardship in terms of managing the two kinds and maintain the regular work. Also, my mom who is green card holder, is also dependent on me because of her health issue.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Welcome to JustAnswer! Thank you for requesting me. 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.

A 20 year bar is for something serious. Does he have any crimes in his background? Which? What sentence? Also, the I-601 requires a showing of extreme hardship to you. Since you were already denied once, what has changed in your situation since then?

Customer: replied 1 year ago.

Statement

I being duly sworn, depose and say that:



  1. I am a native of Bangladesh and citizen of Canada.



  1. I entered the USA illegally without inspection on 12/25/1993 and remained till November 2008.



  1. I left for Canada on my own accord on 11/29/2008 but I didn’t realize that I should have informed USCIS as it would have counted as volunteer departure. I then attempted to reenter 1/30/2009 through the US Customs and Border (Queenstone Bridge, Lewiston, NY) on 09/06/2009 because I wanted to be with my family in USA. The immigration officer over there made me realize that I am on bar since I have stayed in USA illegally.



  1. On September 6th 2009, I sought to re-enter USA because I couldn't find any other alternative solution and wanted to meet my family in USA. Being away from my wife and son for a long time, I felt helpless. When I got caught, I was detained and ordered removed on 10/14/2009 in Seattle, WA. The immigration officer understood my desperate entry to US and advised me to apply for B2. I immediately sought for an advice from a law firm in Canada. On November 22nd, 2010, I had an interview for B 2 visa. However, my visa got denied and immigration officer advised me to wait and apply for immigrant visa once my spouse is able to sponsor me. My wife sponsored me and the I130 has been approved on September 9th 2013. I had the immigrant visa interview on October 9th 2014, and got denied due to misrepresentation, removal and bars. However, I explained the officer about my wife and son’s hardship. He then stated on the rejection letter that I am eligible to apply for a waiver of the grounds of ineligibility.



  1. Current Situation – My wife has been very hopeful as we both were trying to be united together as she has been going through extreme hardships since my absence psychologically, financially and etc. If I join my wife and son, I will be a great support for them not only emotionally but also financially. After the I601 and I212 denials, she and my son (9 years) are in despair because the fact they have to wait another 5 years to six years. It’s difficult for my family to visit me as my wife’s sick mother is dependent on her. My son gets detention for his unusual behavior at school as the teacher suggested that he needs love from family members. My wife can’t pay close attention to his behavior and to his study materials. Recently, my wife gave birth to my new born son (03/12/2015). My wife being a single parent, it is a huge task for her to take care of every little matters:



  • Drop and pick up of 9 years old son from school

  • Helping her son with studies

  • Doctor visits for 9 years old son (skin disease, poor vision, and sick visits)

  • Doctor visits for the new born

  • Doctor visits for herself (OBGYN, skin disease, depression, sick visits)

  • Doctor visits for her mother (shoulder, back and leg pain, arthritis, physical therapy and sick visits)

  • Past doctor visits for her deceased father. Took care of sick parent (father), who passed away on February 13th 2014.

  • Taking care of sick parent (mother)

  • Dealt with pregnancy complication

  • Gave birth to a baby boy on March 12th 2015

  • Childcare for new born

  • Working full time

  • Continue higher education due to work requirement.


I seek your apology for breaking the laws in the past. Please give me a chance to get united with my wife and two sons. I can assure you to be a good citizen.

Sincerely

Ohidur Jaman

Customer: replied 1 year ago.

Statement in support of Appeal

I, being duly sworn, depose and say that:



  1. I am a native of Bangladesh and citizen of Canada.



  1. I have previously used 3 other aliases, Bashiruddin Khan, Minto Ahmed & Sardar Rahman. I entered the USA illegally without inspection on 12/25/1993 and remained till November 2008.



  1. I left for Canada on my own accord but I didn’t realize that I should have informed USCIS as it would have counted as volunteer departure. I then attempted to reenter 1/30/2009 through the US Customs and Border (Queenstone Bridge, Lewiston, NY) on 09/06/2009 because I wanted to be with my family in USA. The immigration officer over there made me realize that I am on bar since I have stayed in USA illegally.



  1. On September 6th 2009, I sought to re-enter USA because I couldn't find any other alternative solution and wanted to meet my family in USA. Being away from my wife and son for a long time, I felt helpless. When I got caught, I was detained and ordered removed on 10/14/2009 in Seattle, WA. The immigration officer understood my desperate entry to US and advised me to apply for B2. I immediately sought for an advice from a law firm in Canada. On November 22nd, 2010, I had an interview for B 2 visa. However, my visa got denied and immigration officer advised me to wait and apply for immigrant visa once my spouse is able to sponsor me. My wife sponsored me and the I130 has been approved on September 9th 2013. I had the immigrant visa interview on October 9th 2014, and got denied due to misrepresentation, removal and bars. However, I explained the officer about my wife and son’s hardship. He then stated on the rejection letter that I am eligible to apply for a waiver of the grounds of ineligibility.



  1. Current Situation – My wife has been very hopeful as we both were trying to be united together as she has been going through extreme hardships since my absence psychologically, financially and etc. If I join my wife and son, I will be a great support for them not only emotionally but also financially. After the I601 and I212 denials, she and my son (9 years) are in despair because the fact they have to wait another 5 years to six years. It’s difficult for my family to visit me as my wife’s sick mother is dependent on her. My son gets detention for his unusual behavior at school as the teacher suggested that he needs love from family members. My wife can’t pay close attention to his behavior and to his study materials. Recently, my wife gave birth to my new born son (03/12/2015). My wife being a single parent, it is a huge task for her to take care of every little matters:



  • Drop and pick up of 9 years old son from school

  • Helping her son with studies

  • Doctor visits for 9 years old son (skin disease, poor vision, and sick visits)

  • Doctor visits for the new born

  • Doctor visits for herself (OBGYN, skin disease, depression, sick visits)

  • Doctor visits for her mother (shoulder, back and leg pain, arthritis, physical therapy and sick visits)

  • Past doctor visits for her deceased father. Took care of sick parent (father), who passed away on February 13th 2014.

  • Taking care of sick parent (mother)

  • Dealt with pregnancy complication

  • Gave birth to a baby boy on March 12th 2015

  • Childcare for new born

  • Working full time

  • Continue higher education due to work requirement.


I seek your apology for breaking the laws in the past. Please give me a chance to get united with my wife and two sons. I can assure you to be a good citizen.

Sincerely

Ohidur Jaman

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
It looks to me like there may only be two reasons that you could not join him in Canada and those being a skin malady that your son has and that no one else can take care of your mother. Is that correct? Do you have medical proof of your son's skin disease would get worse in a colder climate? What city do you live in? And your mother has no other children?
Customer: replied 1 year ago.

My younger sister cannot take care of my mother, thus my mom lives with me. My son gets the skin rashes in the cold weather. Can i request the 20 bars to be reversed by showing my hardship?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
What city and state do you live in? And would it be possibe that your mother could move with you to Canada? I think part of the problem is that they think that your situation would just result in inconvenience if you had to move to Canada, not extreme hardship. What they usually view as extreme hardship would be having to move to Bangladesh, a third would country, where you perhaps do not speak the language, would have trouble adapting to the culture, and could have harsh economic problems. Canada is a first world country, you speak the language and the culture and economy are relatively similar to that in the U.S. So perhaps they believe that it would be more of an inconvenience for you to move to Canada, not a hardship. So what city and state do you live in? Why couldn't you move to Canada? Is there medical evidence that your son's condition would get worse in a colder climate? Did you submit such evidence? Did you use an attorney to process your waiver requests? Please go through each question and answer each question, please. Thank you.
Customer: replied 1 year ago.

i live in new york, my mom is us resident. She has her medical insurance from new york. Canada wont cover. The doctor can write note but new york is also cold place.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That's what I was afraid of, that you also lived in a cold place, so that may not be a persuasive argument. Did you submit the medical evidence when you applied for the waiver? Did you submit the evidence that no one else is available to care for your mother and that she would not be covered by Canadian insurance? Did you use an attorney to prepare the waiver?
Customer: replied 1 year ago.

Nope, i didnt show my mother that time. My lawyer thinks that wouldnt be helpful if my mom is dependent on me.

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.

Well, you were already denied once. Unfortunately, all you can do is apply again and show stronger reasons for extreme hardship. Would it help that you become a U.S. Citizen? Not really. It just makes the process faster. The I-130 is sill approved and I am sure the Priority Date is current, so you would have to file an I-824 to reinitiate the I-130 process and the I-212 and I-601 again. I would try to submit evidence of your son's condition and that it would get worse in colder weather and I would submit evidence that you are the only one available to care for your mother (it won't be too convincing if it is just an inconvenience for your sister to care for her) plus evidence that she would not be covered by insurance in Canada. Here is a link so that you can understand what they look for in regards ***** ***** hardship:

http://www.ilw.com/articles/2007,0717-scott.shtm


As I said, all you can do is try again with stronger and better evidence. I sincerely ***** ***** will be enough.

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 Sada. 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.

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