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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105649
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Is it possible family to get a card from the help of an

Customer Question

Is it possible for my family to get a green card from the help of an employer? What documents are needed to get a green card ?
Submitted: 9 months ago.
Category: Immigration Law
Customer: replied 9 months ago.
My family and I came into the US in December 2007. We overstayed, and no family here to help. Is it possible for an employer to help us get a green card?I'm 16 as of right now and I was thinking of getting DACA. But one of its guidelines is to be present in the US in June 2007 and we came in December. I also don't know where my I-94 is. Is getting DACA possible for me?
Customer: replied 9 months ago.
Actually, correction, I do have i-94 from 2007.
Expert:  Guillermo J. Senmartin, Esq. replied 9 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.

When one enters illegally or falls out of status, all doors for staying in the U.S. without having to leave and risk a 3 or 10 year bar are closed to that person through employment, investment or study.

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

And please answer the same for your family members. Thank you.

Customer: replied 9 months ago.
We all entered the US with a tourist visa or B-2. We are from Indonesia. First, we came to the US in 2001 then we flew back to Indonesia in 2005 and decided to come back here in December 2007. I was 7 years old when we came and my mom was 43 and my dad was 41. It turned out that we lost our i-94 from 2001 but we have the i-94 from 2007. Now, both my parents works in the same place, dry cleaning. Their employer is willing to help us through this process with the green card/ permanent residence. If we can't go through with the green card, is it possible for me to get DACA? even though I came in December 2007 and one of the rules was to be present in June 2007?What did you mean when you said "risk a 3 or 10 year bar are closed to that person"?
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

It means that once a person has more than 180 days of being unlawfully present in the U.S., they have a 3 year bar that once they leave, they cannot come back for 3 years unless they get a very hard to get waiver. It is 10 years once they reach 1 year or more of unlawful presence. So in order for your parents to do anything through an employer, they would have to leave the U.S. to petition to come back and if they leave, they will not be able to come back for 10 years unless they get a very hard to get waiver. So unfortunately, that's not really a solution for them. They basically have the following options:

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

2) Apply for Asylum (they 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 they fear to return to their home country because they believe that they will be specifically targeted due to their race, religion, nationality, social group or political opinion and that they run a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, they would have to prove that they have at least 10 years in the U.S. AND they must also prove that if they are deported, a U.S. Citizen or Lawful Permanent Resident that depends upon them 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 they divorce and marry a U.S. Citizen (for love, of course), they could file for Residency without leaving the U.S. And the same if they have a U.S. Citizen son or daughter over 21 that petitions for them.

You basically have the same options. Since you did not reside in the U.S. since June 2007, you cannot qualify for DACA. I am truly sorry. I wish I had better news for you.

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.

Customer: replied 9 months ago.
See the thing is, we are already residing in the US as of right now. We are not asking for a petition to come back into the US, because we have been living here since december 2007. My parents works together in dry cleaning, and their boss is willing to help them get a green card. Is there still a way?
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

The only way an employer can help them is if they leave the U.S. and risk the 10 year bar. Very few people risk that. So unless they are willing to leave the U.S. and risk the 10 year bar if they cannot get the waiver approved, an employer cannot really help them.

Let me know if you need anything else, but please do not forget to rate me positively. 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. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello Nathasya. 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 9 months ago.

Thank you for your kindness and respect, Nathasya. Good luck to you.

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