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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: 105701
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am in the us yrs i have a bank account i go to school

Customer Question

I am in the us for 4 yrs i have a bank account i go to school and work as a nanny do not get in trouble. My visa is ok but i have over stayed how can i get a number
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.
If you have overstayed, your visa is automatically cancelled, so it really isn't ok. What was the visa that you used to enter the U.S.? Which country are you from?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Do not be afraid to answer. I will not ask you your name or any other private information and I can have this locked down for privacy so that no one else can read our exchange. You are also not charged per question nor per response nor per answer, so it costs you nothing to respond. I should be able to give you your options but I need to know the following:
1) What was the visa you used to enter the U.S.? If it was a J-1, is that J-1 subject to 212(e)?
2) What country are you from?
3) How long have you overstayed?
I look forward to hearing from you. Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
You should not be afraid to answer. I am not going to ask for your private information. Also, you are at low risk of deportation anyway. I will explain why in a moment. First, I will assume that your J-1 is not subject to 212(e) which is the rule that you have to go back to your country for 2 years before you can get Lawful Permanent Residency. If it is subject to 212(e), you should let me know because it will change my answer. Anyway, if it is not subject to 212(e), then you have the following options:
1) Wait for the immigration reform that comes out. If it is approved the way that they are intending, then you may be able to get Residency if you entered the U.S. early enough.
2) Apply for Asylum (you had to have done this within the 1st year of being in the U.S. unless there is a credible excuse or changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if you fear to return to your home country because you believe that you will be specifically targeted due to your race, religion, nationality, social group or political opinion and that you run a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, you would have to prove that you have been at least 10 years in the U.S. AND you must also prove that if you are deported, a U.S. Citizen or Lawful Permanent Resident that depends upon you will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get.
3) If you marry a U.S. Citizen (for love, of course), you could file for Residency without having to leave the U.S. and the same if you had a U.S. Citizen son or daughter over 21 that filed for you.
As to your low risk of deportation, this is because 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
So at least now you know what your options are so that you do not fall into the hands of unscrupulous attorneys or paralegals that will just tell you what you want to hear.
My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, 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 if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

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