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I have a 19 year daughter in arizona that has almost completed…

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I have a 19 year...
I have a 19 year daughter in arizona that has almost completed a rehab program. She would like to further her education and work part-time. She would need proper documentation. She is currently in the U. S. without legal documentation. How do we go about this? Do we need a lawyer?
Submitted: 8 years ago.Category: Immigration Law
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6/30/2010
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,798
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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How did she originally enter the U.S.? Illegally or with a visa? Which visa?

 

Also, does she have any criminal charges or convictions?

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Customer reply replied 8 years ago
She has no criminal charges or convictions. Originally entered the U. S. with no visa and no I-94 form. Did not realize at the time it wasn't legal but recently realized it with her wanting to continue education.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago

The illegal entry ruins everything and she started accumulating illegal time once she turned 18 and didn't leave.

 

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

 

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

 

2) Apply for Asylum (she 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 she fears to return to her home country because she believes that she will be specifically targeted due to her race, religion, nationality, social group or political opinion and that she runs a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, she would have to prove that she has at least 10 years in the U.S. AND she must also prove that if she is deported, a U.S. Citizen or Lawful Permanent Resident that depends upon her 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 she marries a U.S. Citizen (for love, of course), she could file an I-130 here in the U.S. (which will give her no legal status, but she might be able to get a drivers license with the receipt), but once that I-130 is approved, really the only thing she can do is leave the U.S. and apply to come back in at the U.S. Embassy/consulate in her home country as the spouse of a U.S. Citizen. At that point, they will want to deny her because she entered illegally and stayed. So she would have to apply for an I-601 waiver (forgiveness) and to get this waiver she will have to prove that you will suffer extreme hardship if she 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 your 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.

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Customer reply replied 8 years ago

It must be possible for her to get a student visa or a temporary visa. How do we go about that?

Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Believe me, if there was a way I would tell you. There are many millions in the U.S. in the same position which is why they are all desperate for immigration reform. Again, I am truly sorry.
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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Is there anything else that I can do for you? If not, please do not forget to click accept so that I can get credit for my assistance to you. You are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!
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Customer reply replied 8 years ago
Sorry my apologies. I'm not accepting your answer. There has to be a way and I will continue to search for one. She is certainly not the first or the only one who has been in these circumstances. Thank-you
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago

Ok, thank you for making me work for nothing. My answer to you was truthful and correct. There are 15 million or more illegal immigrants in this country for a reason. It isn't because they do not want to be legal, it is because there is no way for them to become legal even if it wasn't their fault, even if they are married to a U.S. Citizen or even if they have U.S. Citizen children.

 

I can only tell you the truth and often the truth is not what you want to hear. That is not my fault. Please do not blame the messenger. You should take this truth that I have given you and use that to defend yourself from persons that will lie to you in order to just take your money. When a person becomes absolutely desperate, they often fall victims to unsrupulous paralegals and even some attorneys. This is one of the things that I was hoping to help you avoid. But go ahead and do your research. I sincerely XXXXX XXXXX find a way even though I know that you will not. If there was a way, as you say, the many millions of persons in the same situation would be getting Residency and there would be no need for something such as The Dream Act. I sincerely XXXXX XXXXX good luck even though you have made me waste the time and effort to inform you of the truth.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
I apologize. I know it is your daughter so I know that it is a very bad situation, but I am telling you the truth and I don't want to see someone rob you. I wish the situation was different.
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