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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106892
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My life partner from Kenya graduated from the university in

Customer Question

My life partner from Kenya graduated from the university in May of last year...she received a Employment Authorization Card that expired in July ...we had a baby in January 2016...she never received a job can she legally request an extension...how can she/us stay in the US
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 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.

She was on OPT and has had more than 90 days of unemployment? Are you a U.S. Citizen? If not, what is your legal status in the U.S.?

Customer: replied 7 months ago.
Not sure what OPT is and 90 days of unemployment...from her school job? the card is a Employment Authorization Card...I am US Citizen
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

When one finishes school, they are usually given Optional Practical Training (OPT) to allow working and that's how they get an EAD. So since she got the EAD, she has had more than 90 days of unemployment? And are you willing to marry her?

Customer: replied 7 months ago.
I am willing to marry but is that the only route?
Customer: replied 7 months ago.
90 days of unemployment she can apply for unemployment now?
Customer: replied 7 months ago.
please contact me at my cell I can no longer stay near my computer...
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

No. I ask about the 90 days of unemployment because if she had less, she could still find a job and stay in legal status, but if it has been longer than 90 days of unemployment, she is now out of status. If it has been longer than 5 months since she fell out of status, she cannot get back into legal status through employment, investment or study unless she left the U.S. and the chances are not good that they let her back in after this issue. If it has been less than 5 months, she could try for reinstatement but that would be difficult as well. Here is a link:

https://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-79324/0-0-0-85465/0-0-0-87514/0-0-0-87971.html

The other option is to marry her. 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 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 7 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!

Customer: replied 7 months ago.
I am certainly looking to hire someone if we can agree on fees
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

I cannot discuss fees through this open forum. This is why I left you an EXTREMELY low Premium Service offer. If you accept that, the website will permit me to give you my personal contact information so that we may discuss in private. Please accept it. Thank you.

Expert:  Guillermo J. Senmartin, Esq. replied 7 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!