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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105184
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My daughter is deaf doesn't speak all her family is in

Customer Question

My daughter is deaf doesn't speak all her family is in America including me I am her only depend no one in Jamaica she came here over stayed her. Visa 6yrs I file her papers four years ago is it possible for her to get a green card anytime soon
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 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.

You are an LPR or USC? She came with a B-2 tourist visa? How old is she?

Customer: replied 2 months ago.
Customer: replied 2 months ago.
Came in on tourist visa
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Are you an LPR or a USC?

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Are you a U.S. Lawful Permanent Resident or are you a U.S. Citizen?

Expert:  Guillermo J. Senmartin, Esq. replied 2 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.

You cannot file for her to help her stay. If you did, it would take around 7 years or more for her to be able to use the petition that you filed for her and she would have to leave the U.S. and risk a 10 year bar in order to get Residency. There is a waiver of the 10 year bar if she can prove extreme hardship to you if she is not granted the waiver.

Her other options are the following:

1) Wait for the immigration reform that comes out. If it is approved the way that they are intending, then she may be able to get Residency if she entered the U.S. early enough.

2) Apply for Asylum (she had to have done this within the 1st year of being in the U.S. unless there is a credible excuse or changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if she fears to return to her home country because she believes that she will be specifically targeted due to her race, religion, nationality, social group or political opinion and that she runs a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, she would have to prove that she has at least 10 years in the U.S. AND she must also prove that if she is deported, a U.S. Citizen or Lawful Permanent Resident that depends upon her will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get.

3) If she marries a U.S. Citizen (for love, of course), she could file for Residency without having to leave the U.S. The same would be true if she had a U.S. Citizen son or daughter over 21 that petitioned for her.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 2 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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