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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107951
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Im from the Caribbean which i live in Brooklyn five years

Customer Question

Hello im from the Caribbean which i live in Brooklyn five years now and i will like to know how to apply for the green card lottery.?
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.

What is your current status in the U.S.? What country were you born in? What level of education do you have?

Customer: replied 7 months ago.
I'm undocumented ,I was born in Grenada also I I have some college degree
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

You understand that even if you won the DV lottery, you would have to leave the U.S. and face the 10 year bar? Are you willing to do that? Do you have a qualifying relative to help you apply for the waiver of the 10 year bar?

Customer: replied 7 months ago.
I do?
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Who is the qualifying relative? And are you sure you are willing to risk this, being stuck outside for 10 years?

Customer: replied 7 months ago.
I don't change my mine?
Customer: replied 7 months ago.
Does it have any other was which I can stay in the country
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Did you use a visa to enter the U.S.? Which visa?

Customer: replied 7 months ago.
Visitor visa
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Ok. You have better options that those that entered the U.S. illegally, but they are still not that good. I just ask that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Your options are the following:

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

2) Apply for Asylum (you 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 you fear to return to your home country because you believe that you will be specifically targeted due to your race, religion, nationality, social group or political opinion and that you run a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, you would have to prove that you have been at least 10 years in the U.S. AND you must also prove that if you are deported, a U.S. Citizen or Lawful Permanent Resident that depends upon you 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 marry a U.S. Citizen (for love, of course), you could file for Residency without having to leave the U.S.

If you were to do the DV lottery and win, you would have to leave the U.S. and be stuck outside for 10 years unless you got a very hard to get waiver. There are two waivers available, the I-601 and the I-601A. Here are some links:

http://www.nolo.com/legal-encyclopedia/what-are-the-chances-that-my-i-601-waiver-will-be-granted.html

https://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

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 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!

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