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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105651
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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How does it take an illegal immigrants to have all s legal

Customer Question

How long does it take an illegal immigrants to have all his legal documents
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

How did this person enter the US?

Who is going to petition them for legal status?

Judith

Expert:  Judith replied 1 year ago.

There are 5 ways to come to the U.S. to live permanently. They are through family, through employment, through asylum, through investment, or through the lottery.

For family, it must be immediate family such as U.S. Citizen spouse or U.S. Citizen children over 21 in order to be able to come immediately. U.S. Citizen or Lawful Permanent Resident parents or U.S. Citizen siblings, or Lawful Permanent Resident spouses can also help you, but the wait for that is about 4 to 12 years or so.

Through employment, you would have to generally prove that you would not be taking away a job from a U.S. worker and the less experience and education you have, the harder that is to do.

Through asylum, you must prove that you will be persecuted, tortured or killed if you stay in your country and that this will happen to you because of your nationality, race, religion, political opinion, or membership in a particular social group, not because you would run the same risk as anyone else in your country to fall victim to a crime or bad economic conditions.

Through investment, you are looking at generally $1,000,000.00 for a residency, or if you want a temporary visa, probably at least $100,000 or $200,000 investment to start.

And through the lottery, it would be very difficult to win one of the 50,000 visas available per year.

Which of these 5 ways is this person applying for legal status?

Judith

Customer: replied 1 year ago.
Asylum
Expert:  Judith replied 1 year ago.

Have they had their affirmative hearing before an immigration officer?

Where are they in the proceedings?

Judith

Customer: replied 1 year ago.
I don't really know but I what to know how it goes
Customer: replied 1 year ago.
Can someone start his case and transfer it to another state what's the process to transfer a case
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.

How did the person enter the U.S.? What visa did they use? When did they enter? When did they file the I-589 Asylum application? Did they file it before or after they went before an immigration judge the first time? What country are they from? What is the source of their persecution? Please try to answer each question as each is very important. Thank you.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Have you been gathering that information for me? I need to know the answer to those question because if not, then I can only give you a general answer and not a specific answer. Please respond. Thank you.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

For a person to apply for Asylum, they have to do so within the first year of being in the U.S. Once the I-589 is filed, if it is pending longer than 150 days through no fault of their own, then they can file for a work permit on form I-765. Here is a link to how long the normal process takes:

http://www.uscis.gov/humanitarian/refugees-asylum/asylum/faq/how-long-does-process-take

So that interview should come within 45 days after filing. If the case is denied, it could be forwarded to Immigration Court for Removal Proceedings if the person is out of status at the time of denial. If it is forwarded to Immigration Court, then the person will have another chance to prove their case to an Immigration Judge. The process in court can take 6 months to a year or more. Then the person can appeal a denial which can also take 6 months to a year or more.

Here are a couple of links about the process:

http://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-process

http://www.uscis.gov/humanitarian/refugees-asylum/asylum

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 do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

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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