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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3805
Experience:  Private practice in several areas, including immigration
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Good moorning: I need help to clarify some things about my

Customer Question

Good moorning:
I need help to clarify some things about my inmigration status .
Best regards.
Hernán
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 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.

What may I answer for you?

Customer: replied 8 months ago.

Good moorning Guillermo:

I need to know my immigrations options, i do want to return to the usa with my wife and kids, i was in the usa my father it's an american citizen i was given a green card in 2001 but i have to leave the usa because my future wife was having my baby then i found a job and never came back to the us, now i wish to come back, would the green card still be valid, my father never gave to me, i only worked with social security number, still valid¿? what are my options if i want to come back to the usa and bring along my wife and kids ireally need help.

Waiting on your answer.

Hernán

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Unfortunately, the options are not too good. When you left the U.S. and stayed out for more than a year without special permission, you abandoned that green card. Even if you had had special permission, it would only have allowed you to stay outside for up to two years. So let me ask you a few questions:

1) What country or countries do you have citizenship from?

2) What level of education do you have?

3) Do you have money to invest? How much?

Customer: replied 8 months ago.

1) citizenship spanish, uruguay

2) ged in usa, and three year career system analyst in at an it institute in uruguay

3) how much will i need not that much¿?

but my father is a usa citizen aren't there any ways¿? could he filed the I130¿? i really do not like this option a lot, unfortunately i'm not in very good terms at the moment

I ALSO BEEN READING THIS¿? MY I130 WAS GRANTED AND FILE BETWEEN THOSE YEARS


Green Card Through the Legal Immigration Family Equity (LIFE) Act


The Legal Immigration Family Equity (LIFE) Act and LIFE Act Amendments of 2000 (Pub. L. 106-553 and -554) enable certain individuals who are present in the United States who would not normally qualify to apply for adjustment of status in the United States to obtain a green card (permanent residence) regardless of:



  • The manner they entered the United States

  • Working in the United States without authorization

  • Failing to continuously maintain lawful status since entry


To qualify for this provision, you must be the beneficiary of a labor certification application (Form ETA 750) or immigrant visa petition (Forms I-130, Petition for Alien Relative or I-140, Immigrant Petition for Alien Worker) filed on or before April 30, 2001. In most cases, you must pay an additional $1,000 fee and complete Supplement A to Form I-485, Application to Register Permanent Residence or Adjust Status, to apply under Section 245(i) provisions with your adjustment of status application (Form I-485).

Refer to Section 245(i) of the Immigration and Nationality Act (INA).


Eligibility Criteria


You may be eligible to receive a green card through Section 245(i) if you:



  • Are the beneficiary of a qualified immigrant petition (Form I-130 or I-140) or application for labor certification (Form ETA-750) filed on or before April 30, 2001

  • Were physically present in the United States on December 21, 2000, if you are the principal beneficiary and the petition was filed between January 15, 1998, and April 30, 2001



Waiting on your response.

Hernán

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

You already used that I-130 to get the green card and then you voluntarily gave it up, so that won't really help. If your father files a new I-130 for you, it will take 8 years for you to immigrate if you are single, 12 years if you are married. So you do not have what would be the equivalent of a 4 year U.S. bachelor's degree? You can substitute three years of experience for every year you are missing from a 4 year U.S. bachelor's degree. As far as investment, maybe $100,000 to $200,000 or more. Do you have anywhere near that?

Customer: replied 8 months ago.
Relist: Inaccurate answer.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

If you like, I can give you all the general ways to get a green card or visa. Would that be ok?

Customer: replied 8 months ago.
Relist: Inaccurate answer.
With all due respect sir, i prefer another expert.
Thank for all.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hernan, I cannot see your responses. Are you responding?

Customer: replied 8 months ago.

With all due respect sir, i prefer another expert.

Thank for all.

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Cambiando experto no va cambiar la noticia. No es fácil inmigrar, pero ya se va dar cuenta. Le deseo buena suerte.

Customer: replied 8 months ago.
Relist: Inaccurate answer.
Customer: replied 8 months ago.

Sr. La noticia sera la que tenga que ser simplemente en su respuesta hay datos incorrectos ya que yo mi green card me la dieron en menos de 5 meses el que usted me diga 8 anos yo le puedo decir porque lo he vivido no es un dato correcto simplemente por eso quise cambiar de experto

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hola Hernan, todavia necesita una respuesta aqui?