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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109294
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hello my name is XXXXX XXXXX I need immediate advice. So heres

Customer Question

Hello my name is XXXXX XXXXX I need immediate advice. So here's my dillema my husband whom i married 10 months ago while in immigration custody but havent filed a petition because when he got arrested march 2012 his mom whom i really dont associate with went and hired an attorney to file for CAT relief, asylum and removal of hold when he was hired by her she never did tell me until after attorney advised that he didnt have a chance to win the case due to lack of supporting evidence but his mom figured out how to provide those evidence but he still didnt have a chance he re entered illegally from already taking a plea bargain of ten yeras here in usa for involuntary manslaughter then signed voluntary deportation while his mom petitioned him thru her approved asylum case and him in custody back then in 2004 so he re entered in 2004 and got arrested 2012 after attorney advising the probability of not winning the case and mom paying him already thousands of dollars is when they reached out to me to marry him and file but i still have not done it. So his case got denied and they fired attorney that attorney wanted to charge me 7500 to petition him but while his asylum case was pending we were still not married once i married him his mom basically was pushing and intimidating me to find any way to come up with money to file, and i just acted dum and ignored phone calls until they got the first hint. Anyways so the mom hired another attorney cause they found out the first attorney was all a scam and hired someone else to appeal he has had several hearings and still has not the judge made a final determination, once he did which was deny the board of appeals found that the judge didnt have enough supporting documents to have him make such a decision and re open case for another review meanwhile all this is undergoing they keep wanting me to provide letters, medical records of my health and daughters health to seem its an extreme hardship for him to get deported which in a way it might be phycollagically, see i have bipolar a brain tumor diabetes and cannot work im on ssi fixed income and have been homeless twice w my kids since the arrest, as well my daughter was raped by biological father and has bipolar and ptsd as well.. And due to it being hard to manage time and all i tend to do things at the last minute. So here we are without me writing my extreme hardship letter and providing records and his last hearing is this thursday but I really do want to help out with this only thing right now my burden is making it difficult to gather up all this the attorney hasnt called me i do not know his name or nothing his mom does not involve me in any updates and when its time for a situation like this hearings and all thats when i know about things. My question is since im not able to contact his attorney is there any way i can postpone his hearing myself for another 2 -4weeks i have his alien number and all his bio's please help i really hope i can i really do not want him deported and his mom is just making things more difficult i believe i have more rights then her since we are married.... What do u think.
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

I am truly sorry for your situation. Unfortunately, only 4 people have the ability to ask for a continuance in his case, your husband, his lawyer, the judge and the government's attorney. You can contact your husband and ask him to ask his attorney to continue the case. His mother cannot continue the case and I would just ignore her.

Also, he will be able to appeal a decision entered by the judge, so it may be awhile before he is actually deported. But of course, that doesn't help him get out of detension. The problem is that I believe that he may not be eligible for bond at this time. Sorry for the bad news. I wish I had better news for you.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to Thank you!

Customer: replied 4 years ago.
Thank you very much for your expedited response and your answer does kind of confirm my logical instinct. Lol! Although I would like a little bit more of informational opinion/advice.
So even though this is his suppouseably final individual hearing coming up (it's been 18 months already on a pending case)and by the looks of things after just hanging up with my husband a little while ago, I kinda would like to briefly state the conversation regarding his court hearing coming up. So basically from what i know so far (and by the way thx on advise regarding the mother, but she is a difficult person to deal with especially being so sarcastic and throwing those sarcasms at her newly daughter in law that she swore she'd never put down, yeah right) so as i mentioned before his initial asylum case got a denial and at that point there as an appeal filed then evidently my husband while detained in California city at that time back in june this year, received a letter from EOIR or BOA i believe stating a decision of appeal that something about a statutory whatever that means and that in preview judge made an error and on review they do not find judges decision is adequate to support his decision ( i guess apparently it was again to be denied) and that they needed to do a further analysis to conduct a better review. WHAT DOES THAT MEAN? Because what i heard was that pretty much it was like giving another opportunity to submit more documents to support the fear he has to return back to el salvador, which i believe his mother did or is trying to gather letters from witnesses and reports of threats from when he got deported there back in el salvador but i think she is just making those letters from out here and finding away to get them sealed with the country's seal. Which i think is a no no.. I mean there was one event that occurred out there where he got kidnapped in a taxi cab and got token but he managed to escape and that was that.and my conversation with him today is that his mom told him that the attorney would prepare him and her on what to testify and how those letters were gathered and so firth, but then why would they pressure me with all this extreme hardship letters and records they want me to bring along to the court if i believe for that there should be a i601 filed along with it and I should be the one under oath, im asking this because now honestly im beggining to think that there is something up a sleeve of some sort cause he also mentioned to me as well that if i can go to his court fine but if i cant that it was on me, and i felt manipulated and confused.. So say i do show up to this final individuL heRing and do not bring my part of their request and with what they tried to provide and file within this timeframe still does not approve his status, does he still have the right to appeal AGAIN and for what reason can it be this time also you say he's not able for a bond so there fore he wont be able to get a bond hearing, or am i wrong and he says he got transferred to yuba city because thats where the bond go through is that correct because his case is through the immigration in san how can that be.
See If his mother wasnt so much involved and putting her two senses in it i can try and go ahead Nd do it on my own through my better resources i'm just letting them do as they want because she knows how the system works and i dont know crap, when to begin with he clearly told me he trusted me and left it all up to me but i am not being acknolwedge at all whatso ever by her or the attorney as well, and thats where i am confused how can they ask me for my letter and medical records telling me that the attorney needs them when i dont even know his name and the time i heard that i mentioned ok tell me where he is at or make an appt so that me and her goes in his office to discuss the matter and she just said ok ill call to make the appt and never happened. So i dont know at times i feel like these people used me and pushed me to this marriage as a conartist type of things cause somethings just do not make sense.
I really do appreciate your help my rating will be very good you can believe that but can you answer these questions for me at your best of knowledge i know its alot but i'm a disabled physically and mentally single hispanic female parent that has been rejected and neglected all my life even from mother so even though i admit being stupid i tend to fall stupidly head over heels when the sweet talk is good. My husband i met him at a baby shower i had at my house back then on jan14,2012 he was invited by my cousin the one i did baby shower for her husband so we met and almost two weeks later i had him moved in my house we had up and downs for the next two month and little did i know about his involuntary manslaughter, well an ex he said he broke up with way before he met me called the marshalls and reported him when she found out he was living with me and left her home at the same time in other words they never did brake up he just got up and left where he was living with her this i found out after and so marshalls came with swat and everything since ex said he stabbed her and what not , they called me out my home while taking a shower put me on ground and then he surrenederred three hours later i guess he was a fugitive we had news and everything in the area embarrasing moment too since it was ina residential area and close to a school, so then he got token away for violation of parole did six weeks and as soon as he was about to be released ice took custody of him and since then all this has been going on, but that whole swat incident they destroyed the home i was renting and i got evicted and was homeless for three months and it was worse because my family when they found out all that they totally just vanished and un named me as part of the family including my mother and ive been struggling all this time but at the same time have still been there for him ive spent sooo much money between phonecalls on a everyday basis two to three times a day commisary, funds on books travel time amtrak greyhound gas u name ive done my best but now i feel like im being scammed. I was born in san francisco and im 35 now previously divorced 8 yrs ago and my first marriage lasted 12 yrs in which i under went severe domestic violence in home with kids and still immigrated him into the us as my spouse. But i do not know his where abouts. Am i legally doing or not doing something right or wrong or can you also give me advise on what the best thing to do would be cause basically if u see it my way we were literally only together 2 months and all this time he was incarcerated there has been no phyisical contact and still engaed myself into marrying him in november of last yr pls do the math give me ur opinion i will pay extra if i have to dont worry but help me
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
I really need you to be a little more clear with your questions. Can you number them for me, please?
Customer: replied 4 years ago.

Thank you for responding. I am so greatful that there are still efficient and knowledgable professionals out there to help this ignorant pesimistic minority.. No, Honestly not bluffing at all.


Sorry to have confused you and made a big messy roller coster all over my maze of a question I call. and I shloud have thought of that as well in numbering my questions which you will find ahead.

Thank you for yor patience and expedited response.


My questions are:


1) If the illegal detained alien in custody is appealing for a denied asylum and appealed the asylum decision and while pending decision on asylum appeal, detainee recieves a letter/notice from BOA stating that the judge made an error in the decision and that furthur analysis for a better review needed to be conducted as well as at reciept of such letter from BOA they have transffered various times when not even detainee, attorney, me (spouse) and/or family memebers have not made such request for it. What does that all mean in process


1a. Is it a sign that he's a step closer to deportation plane?


1b. and by review can that mean something in favor might happen, all of a sudden might there be some light at the end of the tunnel for him?

(because really if they wanted to, they could have just said no is no and that's that)


2) If case is under an Asylum petition and has been appeal, and last hearing is days away can they regardless of how long it's been ask me for extreme hardship to be included in same case/hearing under CAT fear to return to country shouldn't another petition be filed to submit such documentation. What's your advice and opinion on that?


3)Why is he not able to post bond? even after attorney mentioning he'll put in a request for a bond hearing. Wouldn't that be a false advertisement or negligence?


4)If this hearing that's already appealed once gets denied again, can he still appeal again or not? and if so by what I've briefly provided to you as far as information of the matter what would be the statement/reason as to why requesting appeal? and if he doesn't appeal or doesn't get the option to want to even request. What's the turn around time till he gets deported.


5) If he didn't get his asylum granted and has been informed that he will be deported, can they still legally do this even though he is married to a U.S. national born citizen. Can you advise me of tips and opinion on that please?


6) If back in 1994 he was sent to prison for involuntary manslaughter and took a plea bargain for ten yrs instead and in 2004 when released he signed a voluntarily deportation and re-enterred illegally, but didn't get detained until 2007 and for violation of parole and then got tooken into ice custody. Can the judge or does the judge go by the previous criminal record he has had in the past? or do they oversee it if it's so old and happened a while back?




1)What is your advice or opinion on me providing the information they are requesting from me (e.g. extreme hardship statement from me, letters from mine and my daughter's medicaland mental doctor's, medical records, etc. etc.)? Because I'm not even a participant or even an informed spouse on this asylum case through any legal professional and they (they meaning my husband and his mother and supposably mention attorney whoms contact info nor name do I know) sound like a broken and also never have met nor heard this said attorney and when I request for him to call me or request for his contact info because I'd like to hear said requests from him to reassure myself, but they do not take action on nither having him call me nor me able to at least know his name so I may call him.

What should I do in respects to that so I may be safe rather than sorry??


2) What's your adive and opinion on my dillema with the information i've provided to you so far in regards XXXXX XXXXX marriage and situation ( marriage being physical contact for only 2 month and the 18 months being incarcerated for the reasons being) and I have never had any previous contact nor have met him before ither.2a. Do you think I fell into THE TRAP for and am being used for being a U.S. national born citizen so that he may get llegal status in US? and

2b. What can I do to get out if I did fall into the trap?






Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
I have to be brief because your story and questions are numerous and I have other customers that I have to attend to. I want to help, but hope you understand that you have very lengthy replied that take a good deal of time to read and go through:

1) a) No, it means he is stopped and not one step closer but not one step farther.

1) b) This just means that they have to do everything by the book to deport him. It could mean there is some light of hope, but I wouldn't count on it.

2) They are supposed to ask for such evidence well before the last hearing. And CAT should have been applied for a long time ago. I doubt that the Immigration Judge would entertain a CAT application in the last steps of the case unless there was a significant change in country condition or some other urgent and reasonable excuse.

3) He just either may not be eligible because of his background or they think that he is a flight risk. There is no "right" to having a bond granted.

4) Yes. He can appeal the final decision of the Immigration Judge again but only because the BIA (not BOA) remanded it. In other words, it isn't going to be an endless cycle. If he does not appeal, he would be deportable at any time and I would say a few weeks at best before they place him on a plane.

5) Of course they can. Your rights to not extend to other persons. So if he is deportable and they prove it and there is no relief available to him, he most likely will be deported. I am truly sorry.

6) Yes, he sees everything and all of that counts. The illegal re-entry is a bad thing. That by itself is a crime and he has been lucky that the U.S. government is only trying to deport him and not charge him criminally.

1) This sounds very strange to me. You tell her she has to give you the attorney's contact information or you will not release anything of yours to her. As I said, usually that type of evidence needs to be submitted well in advance of a final hearing. If his hearing is Thursday, I think it is too late. If she refuses to comply, you can always just show up at the hearing on your own with your evidence to see if the judge will allow it.

2) a) I think you are being used. Plus I do not think that such a short-term marriage with little contact would be useful for him to be able to convince an immigration judge to let him stay because of you.

2) b) Just get a divorce. The "trap" isn't that complicated.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 4 years 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!

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

Hello. It looks like you are seeing my responses but you are not responding. Are you having technical difficulties? I want to make sure that you are satisfied with my responses and have a positive experience with the website and with my service. So please let me know if there is anything else that I can answer for you because I will do my best. Thank you!