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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107238
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My father is a permanent resident and he petitioned for me

Customer Question

My father is a permanent resident and he petitioned for me in 1997, i was eligible to get my green card in 2005, but my father never continued the process so i lost my chance to get my green card ( i was 19yrs during that time). In 2007, my father resubmitted another petition so i coluld get my work permit again and so i did. At this moment i am considered F2B and it seems i have to wait more years for me to get my green card. Is there anyway to speed my case?
In addition, my stepfather married my mother when I was 12yrs and he is a U.S. Citizen, i do also believe he petioned for me too in 1998, but since my biological father petioned first, we took my fathers path. As of this moment, can my stepfaher petition for me? Would it be faster and possible through my stepdad?
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 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.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Sorry for the delay. What country were you born in? Did you marry at all since the first I-130 was filed for you?

Customer: replied 4 months ago.
I am from san luis potosi, Mexico. I am not married as of this moment
Customer: replied 4 months ago.
Sorry for the delay, I was driving.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

But did you marry at any point since the I-130 was filed for you?

Customer: replied 4 months ago.
i've never been married before
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

And you are currently in the U.S. and entered without a visa?

Customer: replied 4 months ago.
I am living the Califonia and i did not entered with any kind of visa. I was granted my work permit in the U.S. I got my first permit in 2004 and expired in 2006.
Customer: replied 4 months ago.
My biological father had to resubmit paper work again in 2007, so I got my permit back in 2007 and ever since I have to renew it every two years
Customer: replied 4 months ago.
I came to California when I was 10 yrs
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Ok. I assume you probably have DACA at this point, correct?

Customer: replied 4 months ago.
No. i am not under DACA
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Is there any particular reason why you have not applied for DACA? Are you not eligible? Why?

Customer: replied 4 months ago.
Just my work permit because of my biological farher. I am still waiting for me to get a greencard since i am F2B. I have no wife, no kids, no criminal record and i attend a california university to get my BA
Customer: replied 4 months ago.
Another immigrant attorney suggested me to stay on the my father's petition because it was better for me since i just had to wait for my green card to apply. I was just wanted to know if there any changes out there for me. I
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Ok. According to the current Visa Bulletin, you will still have about a year wait because the F2B category says 1996 and it will take about a year for 1996 to get to 1997. You are almost there. If that I-130 was approved, you can still use it. If it was not approved, your father can file a new I-130 asking that the old Priority Date be used since it is the same Petitioner for the same Beneficiary in the same category. Unfortunately, there is no way to speed that up. It is waiting line of people that applied before you and nothing in the law allows for anyone to jump ahead of anyone else in line, not even in an emergency. So just be a little more patient. As far as DACA, you should apply for it as it will not interfere with the other process. Here is a link:

https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca

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 4 months ago.

Hello Salvador. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hay algo mas que puedo hacer para usted? Si no, por favor de no olvidarse de dejar una opinion si la respuesta fue util. Si no deja una opinion positiva, entonces no me dan credito por ayudarle. No le cobran de nuevo y podemos seguir hablando sin cargos adicionales si usted tiene otras preguntas. Tambien, le pido que entienda que a veces la ley no tiene solucion y que si la respuesta es verdadera, la verdad siempre es util. Gracias!

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