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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109271
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Thank you for your reply. I do have another question. We

This answer was rated:

Thank you for your reply. I do have another question.
We are currently at the stage of looking at future planning, no proposal of marriage or engagement has taken place. They met online, he came out to Australia on a visa waiver (unfortunately overstayed and cannot return to Australia for 3 years) then my daughter returned with him and as I said before has been back here a couple of weeks.
In your reply you stated in scenario 1 that if "she gets lucky and they let her in.....and apply for residency which legally she could do IF she can get in".
Could you please give me more information on this process. Is it an option for my daughter?
Thank you for requesting me again. Unfortunately, that would be like advising you to violate the immigration law and that I cannot do. She is not supposed to use a Visa Waiver to enter the U.S. if her intention is to stay. She may get lucky and they may not ask her anything and let her in but she might not. Whatever happens, she cannot lie about anything if asked directly. Honeslty, she should not risk it. She should wait the time. IF there is a legitimate emergency, thye can try to expedite the case. Here is a link:

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.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you