How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
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.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

How do I get my house cleaner legal papers? she has been

Customer Question

How do I get my house cleaner legal papers? she has been here 11 years and has two children who are citizens.
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.

How did she enter the U.S.? Illegally or with a visa? Which visa? What country is she from? How long ago did she enter the U.S.? How old was she when she entered the U.S.? Please try to answer each question. Thank you.

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

Do not be afraid to answer. You are not charged per question nor per response nor per answer and I will not ask you for any private information of your friend's like name or date of birth or anything like that.

How did she enter the U.S.? Illegally or with a visa? Which visa? What country is she from? How long ago did she enter the U.S.? How old was she when she entered the U.S.? Please try to answer each question. 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.

I will assume for now, that she entered the U.S. illegally. If I am incorrect about that, please let me know.

Unfortunately, the only forgiveness that existed for entering illegally was under INA 245(i) which states that if she had an I-130, I-140 or Labor Certification properly filed for her ON or BEFORE April 30, 2001 AND she could prove that she was inside the U.S. on December 21, 2000 unless the I-130, I-140 or Labor Certification was filed on or before January 14, 1998, then she could pay a $1000 penalty and adjust status to U.S. Lawful Permanent Residency. If she did not have any of those types of applications filed for her before that date, then she has three options:

1) Wait for the immigration reform that comes out. If it is approved the way that they are intending, then she may be able to get Residency if she entered the U.S. early enough.

2) Apply for Asylum (she 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 she fears to return to her home country because she believes that she will be specifically targeted due to her race, religion, nationality, social group or political opinion and that she runs a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, she would have to prove that she has at least 10 years in the U.S. AND she must also prove that if she is deported, a U.S. Citizen or Lawful Permanent Resident that depends upon her 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 she marries a U.S. Citizen (for love, of course), she could file an I-130 here in the U.S. (which will give her no legal status), but once that I-130 is approved, really the only thing she can do is leave the U.S. and apply to come back in at the U.S. Embassy/consulate in her home country as the spouse of a U.S. Citizen. At that point, they will want to deny her because she entered illegally and stayed. So she would have to apply for an I-601 waiver (forgiveness) and to get this waiver she will have to prove that her spouse will suffer extreme hardship if she is not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because your hardship probably will need to be more than just economic hardship or emotional separation hardship. So because they are difficult to get, no one wants to risk leaving the U.S. and getting stuck outside for 10 years if it isn't granted.

You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.

http://damascus.usembassy.gov/ina212.html

and here is another link:

http://www.uscis.gov/forms/centralized-filing-and-adjudication-form-i-601-application-waiver-grounds-inadmissibility

And here is a link to what extreme hardship is:

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

And about Obama's new law, the I-601A waiver, it isn't a new law. It is a new procedure. What has changed is that before, 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 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

I am truly sorry for the bad news, but the options are very limited at the moment. I do think the I-601A is a good choice at this point if she can qualify. Regardless, at least you know the truth and that will keep her out of the hands of unscrupulous attorneys that are looking to take advantage of a desperate situation to charge thousands of dollars for something that has very little chance of producing a positive result.

Also, just as a side note, her risk of deportation is very low. Why? 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 she has no crimes in her background, her 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

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!