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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106236
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Dear Lawyer I am a danish woman, who married my American

Customer Question

Dear Lawyer
I am a danish woman, who married my American husband in November 2012.
I worked at the University of Copenhagen at that time and went back to Denmark to support us.
And came back 6 month later and again left after 3 month, but had lost my job at the University, because I had stayed longer than planned with my husband, because he got sick with very high blood pressure.. I found a job in Denmark as a temp healthcare for elders and supported me and my husband another 9 months, but was so sad because I missed him and missed us living together and came back to stay with him in the end of Marts 2014. I had brought a lot of money, because I wanted to do everything right and we hired a lawyer, who said it was very important that I stayed, to prove that this is not a proforma marriage, and I said I sure could prove my name on both the car I had and on insurance and so which had been paid from my accounts every month, even when I was in Denmark... I paid him $2000, where 1500 was for him to pay homeland security, and he promised me that it would only take a few month to get me a work permit.. But the lawyer did not pay homeland security and send me a mail in the weekend 2 days before my visa expired and suggested I left US.. But I had paid him my money and had no money for a flight at this time, as I had asked the lawyer over and over if everything was fine and I could stay, and he said yes every time.. My husband got angry and fired the lawyer.. But everything went down and down from that moment.. My husband got a job, but was again beet down with very high blood-pressure 211/130 and was in and out at the doctor and hospital for tests and was sick a whole month, and the company fired him..
I now realize that everything should have been done totally opposite. My husband should have come to me in Denmark instead.. I have to adult daughters and 2 little grand daughters, where I have not even had a chance to hold the youngest yet.. I thought we could live a life where we could travel to Denmark at least 1 - 2 times a year. But we can not even afford to live, as it is. My family is willing to pay a flight ticket for me to get home and will also help me to get my husband to Denmark, But I see that it require me having a job and a home for us and our pets. But I am am so sad, of the thought to be banned to be able to come back to US again for 10 years, because of what has happened here.. It was never my intention to do anything wrong, I have paid and paid to be with my love and have a clean record , I had my mother go and pick up for me at the police station in Denmark.. Is there anything I can do to make this up ? and can I even take a flight back, without being hold back and lose my flight ?
I hope you can help me.
Kind Regards
Charlotte
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months 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.

You are asking about how to get U.S. Lawful Permanent Residency? Are you in the U.S. at this moment?

Customer: replied 11 months ago.
no, I am asking if there is any way, I can leave US and go back to Denmark, without being hold back in the airport and without being punished with 10 years ban from coming back, as I will try to bring my husband to Denmark instead, but it would be nice leaving in good standing with US, and to be able to visit his family in holidays.
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Ok. So you are currently inside of the U.S.? How long have you overstayed?

Customer: replied 11 months ago.
I was trying to do everything right, but my lawyer did not pay homeland security in time and I have now overstayed 1 year and 7 months.
Customer: replied 11 months ago.
I can prove this..
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

You can still apply for U.S. Lawful Permanent Residency. You don't want to apply anymore? What did your lawyer do with the $2000 you gave him? Did you report him to the state bar if he took the money?

Customer: replied 11 months ago.
No I did not report him, but my husband got angry and fired the lawyer, but because of sickness have we not been able to take a new lawyer.. and it has had every bad consequenses for us.. and I really just wan´t to take us to Denmark instead, cause there I can act and make a decent life for us..
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Well, you can probably get that money back and file yourselves. It isn't that hard. If you left the U.S. now, you would have a 10 year bar that you would not be able to come back without a very hard to get waiver. I can tell you about the waiver to come back if you like.

Customer: replied 11 months ago.
it makes me so sad, with this punishment. would like to be able to go on holidays here with my husband.. well, will I be held back in the airport, if I try to take a flight ?
Customer: replied 11 months ago.
we can not survive here, I have to act..
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

No. They make it easy for you to leave. They won't hold you back or won't even bother you at all when leaving. To come back to vist, you would have to file for a B-2 visa which can be found here:

http://travel.state.gov/content/visas/english/visit/visitor.html

And you would need a 212(d)(3) waiver which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link):

https://fam.state.gov/searchapps/viewer?format=html&query=212(d)(3)&links=212,D,3&url=/FAM/09FAM/09FAM030503.html#M305_3_3_A

You can find more information here:

http://www.ilw.com/articles/2003,0930-labrie.shtm

In the future, your husband can file for you to get Residency from there, but you would still need a different type of waiver to immigrate back to the U.S.

Or, you can file for Residency here in the U.S. and ask for a fee waiver. Here is a link:

https://www.uscis.gov/feewaiver

So you have options.

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 11 months ago.

Hello Charlotte. 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 11 months ago.

Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!

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