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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108032
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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If beyond a visitors six months stay in the USA, then the

Customer Question

If beyond a visitors six months stay in the USA, then the person should get married to a US citizens and file for permanent status. Does that person has to leave the USA or stay in the USA to complete the filing
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.

The person should stay in the U.S. to complete the process. The person should NOT leave the U.S. until they at least have the I-131 Advance Parole approved or they could abandon the Adjustment of Process inside the U.S.

For the sake of argument, let's assume you are the U.S. Citizen.

After you marry, you will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at http://www.uscis.gov/forms.

The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least.

In about 3 to 5 months after filing, the work permit and Advance Parole (travel permit) should be issued. About 5 to 7 months after filing the interview should be scheduled (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later the U.S. Lawful Permanent Residency card (green card) should come in the mail.

Please let me know if you have any additional questions as I will be happy to respond, but because this case is the type of case that I love to handle, I will now send you a low-cost offer so that I can pass on my personal phone number and email. I cannot discuss pricing on an open forum, but if you accept, you will see I have multiple services available to you from document review to full representation and all at very reasonable prices. You won't be disappointed as these are my favorite cases to do and have been doing them for many years. If you decline, no problem, you can ask additional questions without any additional charge. But PLEASE remember to leave a positive rating for me. 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. Also, a bonus is always appreciated if you feel I earned it. And finally, your question does NOT close just because you leave a positive rating. I can still answer additional questions for you without additional charge. Thank you for your understanding.

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

Hello Marlon. I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

When the person overstays, they become out of status and could begin accruing unlawful presence. However, once the I-130 and especially the I-485 is filed for them, they automatically are converted to a stay that is authorized by the Attorney General. However, if they leave the U.S. before the Advance Parole is approved, they abandon the I-485 plus if they have more than 180 days of unlawful presence, it is a 3 year bar that they cannot come back unless they get a very hard to get waiver. It is a 10 year bar if they have 1 year or more of unlawful presence. So this is why it is important that they stay in the U.S. until at least the Advance Parole is approved.

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 1 year ago.

Hello Marlon. 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, Marlon. Good luck to you.