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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105639
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My name is***** got married in my Native country

Customer Question

Hello, my name is***** got married in my Native country Argentina over 4 months ago, i am a Permanent Resident of USA. My husband came illegal, he was detained by the border patrol on April 24th hes case has ben review and on the 18 of this Month the judge is going to set up a bond, in order for my husband to fight the case out side immigratio costudy. My question, is out marriage legal in the USA? Or we will have to marry here as well? We have all the legal papers of our marriage in Argentina. For immigration porpuses i will like to know whats best for us. Thank you!
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! Thank you for requesting me. 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.
Your marriage is legal in the U.S. Why would he try to cross illegally when he could come in legally if you petitioned for him? I know it takes some time, but it was a big mistake to do that. How long have you been a U.S. Lawful Permanent Resident? How did you obtain it?
Customer: replied 1 year ago.
Is a long story! My mom had applied for visa 3 times and did not respect it. She was coming thru Mexico and he didnt want her to do that alone. Thats why he decided to come that way. I been a Resident for 5 years already, i believe this July i can apply for my Citizenship, if im not wrong. Hes being held by immigration services for 2 months already, my mom as well but she was release the 4th of this month by a $7.500 bond, and my husband court is this 18 waiting on the judge to set up a bond. He has no criminal records at all. Immigration officer interview him last month and he was giving what they call a "credible" and gave him a court day to recieve his bond and fight the case out side.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
My apologies, but my father's family is from Argentina (Cordoba) and I have been there many many times. What type of persecution could he and your mother prove that would get them Asylum protection? This is really bad. They should have just waited until you got U.S. Citizenship and you could have applied for them to come to the U.S. easily. They just had to be a little patient.
Customer: replied 1 year ago.
My husband had his own car shop, one of the goverment affiliated personal decided he had to close down because they wanted to use that place for something of their own and everything started there. He is missing two teeth he has really bad scars on his back and face because of the politician mafia trying to kick him out of his own place. And it goes on and on, is been on the news, and we have all the proves. Now my mother didnt have anything at all to prove it, the lawyer told her to make up a story.. And thats what she did, domestic violence case. Now, she is home. But im still waiting on my husband. Im just worried if our marriage is legal here, and once i submit my citenzhip whats the next step?!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I seriously doubt the lawyer told her to make up a case. I mean some lawyers are stupid like that, but I wouldn't risk telling a client to make up a story and risk losing my license to practice law by committing fraud. When you say your mother is home, do you mean at your home in the U.S.?
Customer: replied 1 year ago.
Thats the case, i mean she had been with a man in Argentina and she was suffering domestic Violence by him, but in reslity she came here because i have two younger sister that were born here and my father step father as well. We are all legal exept for her. I obtained my papers by my step father, i have his last name and im his daughter by the law. He gor married and requested me. Now, yes.. She is here in the USA!
Customer: replied 1 year ago.
Thats what i been explaining. She was given a bond on the 4th on June,. I paid it and she is already home, she has to keep fighting the case outside. My husband is next on the 18 of this month. My question is, theres no need to marry again here? And do you think i can apply for my citizenship already? Ones i obtain it, should i submit his papers?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
But she is going to lose the case and be deported. Domestic violence is a local police issue. It is not a case for Asylum. Even if she was able to delay the case until you got U.S. Citizenship, you still could not help her because she entered the U.S. illegally. How much has this lawyer charged you for this bad advice?
Customer: replied 1 year ago.
The lawyer says we are going to be able to do it, because she has her daughters here. But is a a period of 4 years to fight it. What about my husband?
Customer: replied 1 year ago.
I have paid $5.500 already. He is from Texas, since is there where they cought them.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I did Asylum cases for years and I am telling you that domestic violence is not an Asylum case, it is a local police problem. Your mother will lose the case and be deported and the lawyer will just shrug and say, “I did my work. I went to all the hearings. We tried.” And then the lawyer will probably not take your calls anymore. Listen, I am telling you this not because I want to take your case. I am not taking Asylum cases anymore because I know how hard they are and they are very unfair. The law is very strict in this regard. I am trying to keep your family out of trouble and save you money. If you don’t believe me, that’s fine, but go speak to another attorney and get a third opinion. You can look for one at www.ailalawyer.com. What your mother needs to do is withdraw any Asylum claim and ask for Voluntary Departure and you need to get U.S. Citizenship as soon as possible. Your husband can try to fight his Asylum case, but if he loses, he should also ask for Voluntary Departure. With luck, you should have U.S. Citizenship by then and can petition for them to come back to the U.S. within 6 months to a year. That is the “correct” way to do it. Anything else is going to cost you lots of money and the chance of success are very low. If you don’t believe me, take a look at this link:
http://www.justice.gov/sites/default/files/eoir/pages/attachments/2015/03/16/fy2010-fy2014-asylum-statistics-by-nationality.pdf
In 2010, 39 Asylum cases were submitted and only 8 were approved.
In 2011, 42 Asylum cases were submitted and none were approved.
In 2012, 33 Asylum cases were submitted and only 5 were approved.
In 2013, 39 Asylum cases were submitted and none were approved.
In 2014, 23 Asylum cases were submitted and none were approved.
It doesn’t look good. Créame que yo no quiero darle mala noticia, pero con un poco de paciencia y tomar los pasos correcto, pueden solucionar esta situación bien.
En el caso de su madre, para obtener la cita de corte, se va demorar mucho tiempo. Cuando pida la Salida Voluntario, puede pedir 120 para irse. Tengo que creer que ya para ese tiempo usted ya va tener la Ciudadanía y puede solicitar la I-130 por ella. Ella sí o sí tiene que salir del país porque entro ilegal, pero va poder volver rápidamente porque ya el I-130 va estar o en trámite o aprobado. Lo que no quiero ver es que ella cometa algún fraude inventando caso o evidencia y entonces eso le previene a ella poder inmigrar por el fraude que cometió. Por eso mejor retirar el caso y pedir la Salida Voluntaria.
En el caso de su esposo, lo mismo. Se va demorar tiempo en pelear el caso. Tiempo que usted puede obtener la Ciudadanía. Pero si el pierde el caso de Asilo, debe hacer lo mismo, solicitar la Salida Voluntaria y regresar por un I-130 que usted solicita por el.
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