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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108386
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a 601a approved. I am in the process of finishing my

Customer Question

I have a 601a approved. I am in the process of finishing my NVC packet. I did a FOIA request of my CBP entry/exit records just to make sure i wouldn't have any problems and they have a record of me entering mexico in 2005 however i have told USCIS on all my forms that I entered the US in 2000
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.

When was your last entry into the U.S.? Did you enter both in 2000 and 2005?

Customer: replied 1 year ago.
honestly i entered the US in 2005 and have not left since. I had a very bad attorney advise me a long time ago to say that I entered in 2000. i have been afraid to change that date since then for fear they would catch me lying. I have always told USCIS that i entered in 2000. I didn't think their would be anyway they would know I was in mexico in 2005. I
Customer: replied 1 year ago.
I thought that if they had information that I entered a different time the 601a would be denied. Now i am afraid if I leave for my interview abroad they will deny my visa because of this record saying I was in mexico in 2005.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

But how did you enter the U.S. in 2005? Illegally? What do they have that shows that you entered in 2005?

Customer: replied 1 year ago.
I entered EWI in 2005. The record I am worried about is the CBP "TECSII Primary Query History Passenger Activity" It shows on there that I was in Mexico in 2005 even though I told USCIS that I was already here in the USA
Customer: replied 1 year ago.
I wasn't apprehended at the border and there is no record of my entry to the USA other than the dates I have told them
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. It's not good that they have some evidence that you were in Mexico before 2005. I'm sure if they dig enough, probably much more will come out. What ever the documents that you filled out that you entered in 2000?

Customer: replied 1 year ago.
I applied for asylum in 2005 but I said that I entered in 2000 because of some terrible advice
Customer: replied 1 year ago.
They have this record I believe because i flew on a plane from el salvador to mexico before crossing from mexico to the USA on foot
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, unfortunately there is no way to guarantee that you will leave the U.S. and that it will not come up. If it does, yes, they could deny you entry. The only way I see to fix this is to apply for a new I-601A waiver with the correct dates, perhaps stating that you got bad advice so it is clear that there is a difference in dates. IF you then get a new approval for the I-601A, then you would have a better chance of getting the final approval outside of the U.S. If you don't want to risk either, then you may just have to wait for immigration reform. I'm truly sorry. I wish I had better news for you but since they do have some evidence that you were outside of the U.S. in 2000, it could cause a major problem because the waiver is easy to deny for fraud.

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 Ryan. 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.

Hello Ryan. Thank you for your kindness and respect. Good luck to you.