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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107607
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I CAME TO THE US WITH A B1/B2 VISA 8 YEARS AGO. A YEAR AND

Customer Question

I CAME TO THE US WITH A B1/B2 VISA 8 YEARS AGO. A YEAR AND HALF LATER GOT MARRIED TO A CITIZEN HE PETITIONED FOR A GREEN CARD FOR ME. EVERYTHING WAS OK, SCHEDULED FOR A GREEN CARD INTERVIEW BUT UNFORTUNATELY HE FELL ILL THAT DAY PROMPTING ME TO GO ALONE AND AS SUCH THE IMMIGRATIONS OFFICIALS INDICATED THAT THEY WOULD GET US ANOTHER INTERVIEW DATE.
A LITTLE AFTER THAT I VISITED FAMILY IN MINNESOTA AND WHEN I WENT BACK TO CALIFORNIA MY HUSBAND HAD MOVED OUT OF OUR PLACE WTHOUT LEAVING ANY FORWARDING ADDRESS. MY EFFORTS TO TRACE HIM IN VAIN.
ITS BEEN FIVE YEARS SINCE AND THE LAST TIME I HAD A LAWYER CHECK MY IMMIGRATIONS STATUS IT INDICATED 'DENIAL DUE TO ABANDONMENT'
ANY HOPES THAT I CAN SUCCESSFULLY PETITION FOR A GREEN CARD FOR MYSELF BEARING THE FACT THAT MY HUSBAND ABANDONED ME.
THANK YOU
CARR
MN
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello and welcome to JustAnswer. I am Guillermo Senmartin, a licensed attorney and I will be helping you today. Unfortunately, abandonment is not a category that allows for self-petitioning for a green card. Can you prove that he abused you? Also, what country are you from? And how long have you been in the U.S.?

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

Hello. I'm not sure why you asked for a refund after I only gave you a partial answer. I want to help you, but you really to answer my questions so that I can do that. You are not charged again. If you can prove that your spouse abused you, even if it happened a long time ago, you can file for a Residency status on your own. Here is an official link:

http://www.uscis.gov/humanitarian/battered-spouse-children-parents

If you cannot prove that he abused you, then you have the following options to legalize:

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 apply for you that is over 21.

I do have some good news for you. Luckily, you are not a priority for deportation, so mostly you would be left alone. 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 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

I hope you find this information useful.

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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