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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105699
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My boyfriend at the time got deported to Guyana in 2012 he

Customer Question

Hello my boyfriend at the time got deported to Guyana in 2012 he came to the u.s when he was 2 years old so he been living in the country for more then 10 years he was a trouble teen getting into trouble in and out and immigration was looking for him some reason he his mother never got the chance to make him a citizen so anyway he got sent home 2012 and he is still on Guyana we got married in 2014 it is now 2016 we have a 3 year old child is it possible that I can file for him and he will be able to come back in country will it be hard to get him back in country
JA: OK. The Immigration Lawyer will need to help you with this.
Customer: Ok your not a immigration lawyer ?
JA: Have you talked to a lawyer yet?
Customer: No I haven't I've always wanted to but never did so hard to explain his situation
JA: Anything else you think the lawyer should know?
Customer: I mean when he got arrested it was because his brother in law and him got into a fight so my husband got arrest and was charge for a mister meaner that was later drop but he had immigration hold yes he was trouble teen he has a record for robbery but he was 15 he is now 40 he hasn't got into any trouble until 2012 with him n his brother in law he was taken to prescient and they gave him time for him be release before immigration came for him but his brother in law refuse at the time to drop case because my husband broke his speakers
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 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 has he been convicted of and what sentence did he receive? Some crimes make a person permanently inadmissible without a waiver. Hopefully it is not one of those crimes.

Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, 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.

Was the only thing he was convicted of was a robbery when he was under 18? Was he tried as an adult? What was the sentence?

Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

I still don't know why you are not responding. Assuming that his crime does not make him permanently inadmissible because perhaps he was not tried as an adult, he will need three things for you to bring him back:

1) You must file for him either as a K-1 fiancé using form I-129F, or if you marry him outside of the U.S., you can file for him as a K-3 spouse by filing an I-129F and I-130, or if you go there and marry, you can apply for him through the CR-1 process which only requires a form I-130. All those forms can be found at http://www.uscis.gov/forms.

a) The K-1 fiancé visa takes 6 to 9 months, but you must have met before during the last two years in order to process it. The I-129F will cost $340 plus a $350 fee for the visa processing fee. After he enters the U.S., then you have to marry and then he has to pay $1070 for the I-485 and he will have to wait about 5 to 7 months and then get another interview that you attend with him so that he can get Residency.

b) The K-3 spouse visa takes 6 to 9 months, you must be married. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after he enters the U.S., he must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

c) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. You must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once he enters the U.S., he enters as a Resident and he does not have to file (or pay for) an I-485 nor does he have to attend an additional interview. He just gets his green card in the mail a few weeks later.

So the K-1 and K-3 are faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no "middle of the road" visa that he can use to enter the U.S. while that process is pending. He will most likely have to wait outside.

Here is a link to all three:

http://travel.state.gov/content/visas/english/immigrate/family/fiance.html

and another link:

http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf

2) He will need an I-601 waiver to forgive the time he spent illegally in the U.S. To get this waiver he will have to prove that his spouse will suffer extreme hardship if he is not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because the hardship probably will need to be more than just economic hardship or emotional separation hardship. You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.

http://damascus.usembassy.gov/ina212.html

and here is another link:

http://www.uscis.gov/forms/centralized-filing-and-adjudication-form-i-601-application-waiver-grounds-inadmissibility

Here is a link to what extreme hardship is:

http://www.ilw.com/articles/2007,0717-scott.shtm

3) He will need an I-212 special permission to apply for admission to the U.S. after deportation. He can only apply for this after he has been outside for at least one year. Here is a link to that:

http://www.uscis.gov/i-212

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. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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