Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

what should we do here im merriage an american citizen almost…

Customer Question
what should we do here...
what should we do here im merriage an american citizen almost 4 year ,we have hard time to get may peper work .my green card dinied cause of may c1 visa .plase tell us what we should do
Submitted: 8 years ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 9 minutes by:
6/25/2010
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,912
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
You entered on a C-1 or a C-1/D? You were coming to the U.S. to meet a ship or plane that you were a crewmember of or you got off of a ship or plane that you were a crewmember of?
Ask Your Own Immigration Law Question
Customer reply replied 8 years ago

i enter with c1 visa ,i just get vication.i spouse to get on the cruise to singn my contrac but ididntcaue i get sick when i arrive usa.my case was doing good till i get my work permit,but when i get interview green card they turn me down

Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago

But you were coming to meet a ship that you were going to be a crewmember on, correct?

 

And the work permit is what everyone gets while they wait for their I-485 to be approved or denied, so it doesn't really mean that the case is going good or bad.

Ask Your Own Immigration Law Question
Customer reply replied 8 years ago
yes i spouse to sign up but im not ,so what im spouse to do next ,please guide us
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago

How much illegal time did you have in the U.S. from the point that your visa expired to the point you filed the I-485?

Ask Your Own Immigration Law Question
Customer reply replied 8 years ago
1 month on my visa,
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
I know you had one month on your visa, but when your I-94 expired, how much time passed from that date until the date that you filed the I-485?
Ask Your Own Immigration Law Question
Customer reply replied 8 years ago
1 year.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago

Unfortunately, I have very bad news for you. That visa is one of the worst to have because you cannot get Residency inside the U.S. for any reason except asylum. Not even being married to a U.S. Citizen helps. So really you only have three options:

 

1) Wait for an immigration law to come out that will help you. I have high hopes that next year or maybe the following, something good will come out.


2) Apply for Asylum (you had to have done this within the 1st year be being in the U.S. unless there are 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) Since you are married to a U.S. Citizen, you could file an I-130 here in the U.S. (which will give you no legal status, but you might be able to get a drivers license with the receipt), but once that I-130 is approved, really the only thing you can do is leave the U.S. and apply to come back in at the U.S. Embassy/consulate in your home country as the spouse of a U.S. Citizen. At that point, they will want to deny you because you overstayed 1 year or more. So you would have to apply for an I-601 waiver (forgiveness) and to get this waiver you will have to prove that your spouse will suffer extreme hardship if you are not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because your spouse's 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.

 

http://damascus.usembassy.gov/ina212.html


and here is another link:


http://ciudadjuarez.usconsulate.gov/hcis601.html


And here is a link to what extreme hardship is:


http://www.ilw.com/articles/2007,0717-scott.shtm


I am truly sorry for the bad news, but the options are very limited at the moment.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,912
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
i this time i still had b2 visa i never been use .do you thing that visa stiil good
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Unfortunately, once you overstay even 1 day, any visa you had was cancelled. Also, if you try to leave and come back, you activate the 10 year bar.
Ask Your Own Immigration Law Question
Customer reply replied 8 years ago

waht do you think if may husband try to bring me back cause his mom now disable and really nrrd my help to taking care of her do you thing is good idea

Customer reply replied 8 years ago

are you there

Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Yes, I am here. I don't think you have a very good chance. Her hardship doesn't really count, only his and you saying that he would have great hardship in taking care of his mother because you help him is not a great argument. It can help a little, but with that I would not take the risk.
Ask Your Own Immigration Law Question
Customer reply replied 8 years ago
what about the kid
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
The only hardship that counts for an I-601 waiver is the hardship of your spouse or YOUR parent if that parent is a U.S. Citizen or U.S. Lawful Permanent Resident. The hardship of children do not count.
Ask Your Own Immigration Law Question
Customer reply replied 8 years ago
if one day they do amnesty ,do you thing im qualifiy for that,or will be not accepted for my care cause of c1 visa?
Customer reply replied 8 years ago
im sorry i know u r busy.but ireally need to find out this last question
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
No one knows when it will come out and who it will help. So you have no way knowing if it would help you or not.
Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,912
113,912 Satisfied Customers
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.

Guillermo Senmartin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

4,009 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

113,912 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
I am a UK citizen, currently a flight attendant based out of
Second opinion] Hello. I am a UK citizen, currently a flight attendant based out of Europe. I am looking to marry my partner, a US citizen and start my green card process. We have been together for 2 … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I need your help and information about my situation. I was a
Hello I need your help and information about my situation. I was a holder for American Green Card and its expired around 7 years ago, my age now 28 years I first interred U.S. in 2001 and issued my gr… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have a C1/D visa that is expired in 2020, and I plan to
Hi. I have a C1/D visa that is expired in 2020, and I plan to marry with a guy with a dual citizenship, which is American and French, so I'm just wondering how long I have to wait until I receive a gr… read more
Expert James
Expert James
Doctoral Degree
12,482 satisfied customers
I am a greencard holder currently outside the US, we have a
I am a greencard holder currently outside the US, we have a new born, born outside of the US (I am the father). Will then my new born baby get a US greencard when I enter the US again? I heard it's on… read more
KLAW
KLAW
Juris Doctorate
2,397 satisfied customers
I came in the US in 2004 with C1/D visa,I got married with
I came in the US in 2004 with C1/D visa,I got married with permanent resident of US who become American citizen.What should I do now to have a legal status in The US?… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,009 satisfied customers
im in the US 4 years and i came with a turist visa.
im in the US for almost 4 years and i came with a turist visa. i get married to US citizen and we have a baby girl how was borned here in the US. we are tighter for almost 2 years and i still didnt ap… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,009 satisfied customers
I AM AN AMERICAN , MY WIFE HAS A TEN YEAR VISA[M], CAN I APPLY
I AM AN AMERICAN , MY WIFE HAS A TEN YEAR VISA[M], CAN I APPLY AT ANY TIME FOR A GREEN CARD FOR HER, WE HAVE A SON HE IS AN AMERICAN, HE HAS AN AMERICAN PASSPORT, I DONT WANT TO GET IN ANY TROUBLE.… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
Hi, Im am cruise line crew member, Im signing off in los Angeles
Hi, Im am cruise line crew member, Im signing off in los Angeles and flighing to Canada for a week vacation, Im flighing out with my C1/D Visa. Ill be back to the USA in 1 week and enter with my B1/B2… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,912 satisfied customers
I am a US citizen, retired military. I married my wife almost
I am a US citizen, retired military. I married my wife almost 9 years ago, and we had a 7 year old son. She came to the US on C1/D (crewman visa) working for a Cruise Liner. I file for a fiance visa, … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,912 satisfied customers
Hello. I have been married to my American husband for almost
Hello. I have been married to my American husband for almost 2 years now. We got married in NYC but moved to Europe right after, where we lived up until about 2 months ago when we decided to move to t… read more
Expert James
Expert James
Doctoral Degree
12,482 satisfied customers
hello! could you help me please with some of my questions. im
hello! could you help me please with some of my questions. im resident of us but my feanse citizen of france. we want to get marride. but the question is can he stay here in us after we will do marrag… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
My husband has an expired R C1/D visa. We were planning on
My husband has an expired R C1/D visa. We were planning on returning to Bali to get his green card because we know that he probably cannot get it here, but his cousin recently tried to get his in the … read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
sir ... im c1d visa holder i married american citizen ...but
sir ... im c1d visa holder i married american citizen ...but i stayed over 8 months and my i94 was expired but i have valid visa un till 2014… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
US F-1 Student visa or US C1D Visa Help me pick my poison!
US IMMIGRATION: I currently am on F1-Student status and hold a temporary working permit with my OPT. I just completed my Masters Degree in IT. This expires next year June 2011. I am originally from th… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,912 satisfied customers
My wife and Daughter came here in 2005 on a K-4 visa and my
My wife and Daughter came here in 2005 on a K-4 visa and my wife on a K-3 visa. My step daughter was 20 years old she was dinied and my wife now has her Green Card. My Daughter has a U.S california Dr… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
im iilegal,and i live here for 4 yers,i got married,and my
im iilegal,and i live here for 4 yers,i got married,and my wife is american citizen,what she has to do,for apply for my green card ??… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,912 satisfied customers
came to the us legal with visa with my name but one of my last names is different
my question is kind of complicated i came in legally with visa i was 4 years old when i came to the us now im 22 and married with a u.s.a citizen and have a 3 year old son been married almost 5 years … read more
Thomas K. Brown, Esq.
Thomas K. Brown, Esq.
Attorney-at-Law
Juris Doctor
182 satisfied customers
my dad is a american he was in the military and he was stationed
my dad is a american he was in the military and he was stationed in the philippines when he meet my mom. their not married cause according to my mom my dad was already married my question is can i be … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,912 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x