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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105153
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Where do I start to get my husband a card. Been married for

Customer Question

Where do I start to get my husband a green card. Been married for 1.5 years(together for 3.5) one child together she's 2.5 I have 3 other children who look to him as dad as he has been the only dad they have known
Submitted: 30 days ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 30 days 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.

There are many millions of persons that are illegally in the U.S. and cannot do anything to fix their status and many of them are married to U.S. Citizens and even have U.S. Citizen children and still they cannot "fix" their status easily. I hope your spouse is not in that situation. Let's find out.

How did he enter the U.S.? Illegally or with a visa? Which visa? What country is he from? How long ago did he enter the U.S.? How old was he when he entered the U.S.? Please try to answer each question. Thank you.

Expert:  Guillermo J. Senmartin, Esq. replied 28 days 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.

Unfortunately, the only forgiveness that existed for entering illegally was under INA 245(i) which states that if he had an I-130, I-140 or Labor Certification properly filed for him ON or BEFORE April 30, 2001, AND he could prove that he was inside the U.S. on December 21, 2000 unless the I-130, I-140 or Labor Certification was filed on or before January 14, 1998, and then he could pay a $1000 penalty and adjust status to U.S. Lawful Permanent Residency. If he did not have any of those types of applications filed for him before that date, then he has the following options:

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

2) Apply for Asylum (he 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 he fears to return to his home country because he believes that he will be specifically targeted due to his race, religion, nationality, social group or political opinion and that he runs a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, he would have to prove that he has at least 10 years in the U.S. AND he must also prove that if he is deported, a U.S. Citizen or Lawful Permanent Resident that depends upon him 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 you are a U.S. Citizen, (or perhaps a U.S. Lawful Permanent Resident) he could file an I-130 here in the U.S. (which will give him no legal status), but once that I-130 is approved, really the only thing he can do is leave the U.S. and apply to come back in at the U.S. Embassy/consulate in his home country as the spouse of a U.S. Citizen. At that point, they will want to deny him because he entered illegally and stayed. So he would have to apply for an I-601 waiver (forgiveness) and 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. So because they are difficult to get, no one wants to risk leaving the U.S. and getting stuck outside for 10 years if it isn't granted.

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.

and here is another link:

And here is a link to what extreme hardship is:,0717-scott.shtm

And about Obama's new law, the I-601A waiver, it isn't a new law. It is a new procedure. What has changed is that before, a person had to leave the U.S. and spend around 15 months or so while waiting for their appointment at the U.S. Embassy or Consulate in their home country and then HOPE that they got approved, but the change is that now the same person can apply inside the U.S., get a pre-approval, and then with that pre-approval they can leave the U.S. for just a few days or even a day, present themselves for a scheduled appointment at the U.S. Embassy or Consulate, and then get the final approval and come back as long as there are no other reasons of inadmissibility, just having entered the U.S. illegally or having overstayed. Here is an official link:

I am truly sorry for the bad news, but the options are very limited at the moment. I do think the I-601A is a good choice at this point since you are a qualifying relative. Regardless, at least you know the truth and that will keep you out of the hands of unscrupulous attorneys that are looking to take advantage of a desperate situation to charge thousands of dollars for something that has very little chance of producing a positive result.

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, you may have to scroll up to the top of the page or 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 26 days ago.

Hello Tasha. 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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