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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105568
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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If my wife was caught in 1996 crossing illegal and then

Customer Question

If my wife was caught in 1996 crossing illegal and then crossed in 1997 can she still get a green card
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.
She was deported in 1996 and crossed illegally again in 1997?
Customer: replied 1 year ago.
I do not know if you call it deported or not she said thattags was caught crossing and then did it again in 1997 and she was not caught she said all she can remember is that thay did fingerprinted her
Customer: replied 1 year ago.
The lawyer she has now said she would be ok all she will need is a waiver a I 601
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
It's actually an I-601A waiver unless she wants to leave first and wait outside for a year or more. Take a look at this link: https://www.law.cornell.edu/uscode/text/8/1326 As you can see, she is subject to a criminal penalty because she came back illegally after being refused entry previously, so she has to be very careful. What country is she from? What age was she when she entered the U.S.?
Customer: replied 1 year ago.
Mexico she was 17 if sheg gets a waver I601a will she be ok
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
No exactly. At 17, she would not qualify for DACA. I assume she does not qualify for 245(i)? Do you know what that is?
Customer: replied 1 year ago.
No
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That's a shame. Let me explain about the I-601A. It isn't a new law. It is a new procedure. What has changed is that before, with the old I-601, 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, with the newer I-601A, 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 At first I was mistrustful of the I-601A and warned people off about it. I felt it was a trick that the U.S. government was using to get people to leave then screw them when they were outside and it was too late, and while that has happened to some, many that get the PRE-approval are able to come back IF they don't have any other issues in their background, just the illegal entry. So what's the problem? Your spouse has TWO attempts at an illegal entry with the last one being successful. So even if she gets the PRE-approval, I am not convinced that she would get the FINAL approval at the U.S. Embassy or Consulate. So it is a risk. If she is going to try, I recommend two things: 1) Use an experienced attorney to process the case and make sure it is someone that has processed a number of I-601A waiver and has soon how many they have done have actually ended up successful that the client has been able to come back to the U.S. You can look for one at http://www.ailalawyer.com. 2) Make sure you can show a good amount of extreme hardship to you to overbalance that first illegal entry attempt. It should be more than just economic or emotional hardship. Here is a link: http://www.ilw.com/articles/2007,0717-scott.shtmI hope you don't get frustrated or upset at me. I am telling you what I feel is correct because I want to keep her out of trouble. I hope you appreciate that. 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.
Customer: replied 1 year ago.
So if her waiver was approved she still might not get a green card because she has came two times
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That is my fear. If she only had one illegal entry, she would probably get it. Because of the one previous attempt at an illegal entry it makes it harder. It does not mean that she will be denied the FINAL approval, but it does make it a little more risky. I just want you to be aware because the risk is taken when she is already outside of the U.S. Let me know if you need anything else, but please do not forget to rate me positively. Thank you!
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.

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