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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105648
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am an Iraqi citizen visiting entered USA Aug 20,2016 with

Customer Question

I am an Iraqi citizen visiting entered USA Aug 20,2016 with visa type of (B1/B2) multiple entries for one year, seeking asylum in USA. I have my own story that may grant me the asylum as I have been threatened and my family back home. My daughter will be granted naturalization in USA mid of 2018, and she can apply I-130 for me and my family after that. However the question is if I apply for asylum now would that affect my petition I-130 or is there any way I can stay in USA until my daughter can apply the I-130 for me and my family, the second question is if I apply for Asylum which might take more than 6 months how would I manage to be a legal resident/visitor while waiting for Asylum decision if it is not finalized with 6 months. Third question does the Asylum grants my kids the same and they can join me here in USA once I get it, fyi they are over 21 years old
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 3 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.

How old is your U.S. Citizen daughter? How old are your other children?

Customer: replied 3 months ago.
My kids are 23 and 26 single and my dayghter is 28 yrs old
Customer: replied 3 months ago.
No
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Ok. Neither getting Residency through your daughter nor you getting Asylum will help your older children directly. Your daughter can apply for them which would take 12 years or more for them to get green cards, or when you get your green card you can apply for them and they could get green cards in 7 or so years of they stay single. If you get Asylum, that might help them indirectly because they could apply for Refugee status outside of the U.S. Here is a link:

http://www.uscis.gov/humanitarian/refugees-asylum/refugees

It would help their case if you won your case.

Anyway, while your Asylum is pending, you can stay in the U.S. If it goes before an immigration judge, it complicates matters. You can still get Residency through your daughter but it would have to be through the immigration court or the judge can terminate proceedings to allow you to get it through USCIS. This can happen even if you become illegal in the U.S. It's one of the benefits of having a U.S. Citizen son or daughter over 21.

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 3 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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