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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105616
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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If my husbad is eligible granfathering from a worker

Customer Question

If my husbad is eligible for 245i granfathering from a worker petition in 1996 . If he left the usa in 99 .but was present in dec21 2000 can he adjust status
Submitted: 9 months ago.
Category: Immigration Law
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.

He was named himself or he was a derivative? How long was his trip out of the U.S.?

Customer: replied 9 months ago.
I dont want memebership only only one time pay
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

That's fine. As long as you did not click on the subscription, you should only be charged for this one set of questions. So was he was named himself on the I-140 or I-130, or he was a derivative? How long was his trip out of the U.S.?

Customer: replied 9 months ago.
Himself only he was out of usa for a month
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

But he was actually deported or excluded from the U.S. and then came back illegally?

Customer: replied 9 months ago.
Caught across the boarder two fingerprints. Sent back on a bus with alot peopleto mexico. Did not go before judge , we filed 601a waiver but scard to pursue . So I think now I find out he eV may qualify for 245i grandfathered but will the leavn the country in 99 cancel that benefit. We are married I am us citzen and we were approved for 601a but maybe to risky because the bar
Customer: replied 9 months ago.
Not sure what is at uscisbut his boss filed in 96 but didnt finish the papers but he was present when the resident signed the law in dec 2000
Customer: replied 9 months ago.
I want to pursue the 245i but have been told the entries will denie the benefits!!!! I read this no where in the 245i law section
Customer: replied 9 months ago.
What do u u think .?
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Ok. This is tricky. I would need specific dates:

1) When was his first entry into the U.S.?

2) When was he excluded (sent back)?

3) When did he re-enter the U.S.?

Customer: replied 9 months ago.
Entered around 94 or 96. Boss sent papers not sure what but was filed . Left in 99 on his own ..then caught trying renter in 99 then but on bus sent back then come threw bk to usa in 99.was here in 2000
Customer: replied 9 months ago.
Boss filed in 96. Last yr we had a notary try help us but i not sure it safe he leave to go interview in mexico. Can he adjust w 245i.he has no record no trouble at all evr
Customer: replied 9 months ago.
Nocriminal record at all
Customer: replied 9 months ago.
Does he qualify threw 245i granfathered
Customer: replied 9 months ago.
Maybe he signed voluntary departure ? When caught ? In 99.
Customer: replied 9 months ago.
Are u there
Customer: replied 9 months ago.
I worked so hard on the 601a now afraid to use. ? So want to kow about 245i
Customer: replied 9 months ago.
Are u gone?
Customer: replied 9 months ago.
Ok bye. I guess no answer :(
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Please relax. This is a complicated issue and I have to do some research on it. What state do you and your spouse live in?

Customer: replied 9 months ago.
Va.
Customer: replied 9 months ago.
Boss filed in 96.during the clinton.pres.boss Didnt finish papers. But there in system I think. Caught in 99.crosing back to usa a was present in usa on dec 2000.ok I read again in a few bk minutes.
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Ok. Now I have to do even more research. You see, the different appeals court are in conflict in regards ***** ***** issue. Take a look at this link:

http://www.ilw.com/articles/2006,0328-wheeler.shtm

If you lived in, or you moved to CA, OR, WA, AZ, MT, ID, NV, AK, HI, then he would be eligible for 245(i). I will do some research for you about VA which is the 4th circuit. But why would you be afraid to use the I-601A if he has nothing negative in his background? You just don't think you can show the hardship necessary?

Customer: replied 9 months ago.
Because lawyers say he entered again in 99. Cancels the waiver601a, we were approved. Maybe a foia help?
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

You got a pre-approval of the I-601A? Was it disclosed that he re-entered illegally after being excluded?

Customer: replied 9 months ago.
We are already approved uscis approved the 601a
Customer: replied 9 months ago.
We sent in the extreme waiver it was approved.
Customer: replied 9 months ago.
Now if he shows he lived here before and left usa a before this time if he leaves usa againwaiver no good .?
Customer: replied 9 months ago.
If he leaves usa for mexican intervieew we have waiver already , but afraid becausehe left in 99 too.was
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Ok. Please read through that article so that you understand what's going on. I did a little more research, but I cannot find where the 4th Circuit (that covers Virginia) follows either the 9th Circuit decision or the 10th Circuit decision. Legal research is expensive and not something that is covered by this service. So from what I can tell, you have the following options in regards ***** *****(i):

1) You move with your spouse to CA, OR, WA, AZ, MT, ID, NV, AK, HI and then once residing there around 6 months or more, I would file the I-485, I-485A, I-212, etc. and he should be able to qualify and not have to leave the U.S.

2) Hire an attorney locally to do the research in the 4th Circuit law and see if the 4th Circuit follows the 9th Circuit. If they do, then you can file where you live. If they do not, then I would not file unless you are willing to appeal a negative decision (which is costly). The 4th Circuit might be waiting for such a case to be able to decide if they will follow the 9th Circuit or the 10th Circuit or make their own interpretation. There is no guarantee that it will go your way.

I wish I had better news for you, but at least you have an option that should work.

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 9 months ago.

Hello Talish. 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.

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!

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

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

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