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How can I sponsor a current illegal immigrant?

Customer Question
How can I sponsor a current illegal immigrant?
Submitted: 2 years ago.Category: Immigration Law
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Answered in 4 minutes by:
6/15/2015
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109,968
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Hello! Thank you for requesting me. I am a licensed attorney with more than 13 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.
How did she enter the U.S.? Illegally or with a visa? Which visa? What country is she from? How long ago did she enter the U.S.? How old was she when she entered the U.S.? Please try to answer each question. Thank you.
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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
How did she enter the U.S.? Illegally or with a visa? Which visa? What country is she from? How long ago did she enter the U.S.? How old was she when she entered the U.S.? Please try to answer each question. Thank you.
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Customer reply replied 2 years ago
She entered on a student work visa , J 1, I believe. From Russia, a Russian Armenian. 19 yrs old. Has 2 American born children now.
Customer reply replied 2 years ago
Returned to college here and just made the Presidents List, for 4.0 grades.
Customer reply replied 2 years ago
She's been here 7 yrs I will confirm, but I believe it's 7. The father is illegal too from el Salvador.
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
I wish you had not said J-1. It's one of the worst to have. Is her J-1 subject to 212(e), the requirement that she go home for 2 years before she can get Residency? Look at her visa stamp in her passport. Take your time. I will be here.
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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
Still looking for that information for me?
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Customer reply replied 2 years ago
Yes have not had a chance to go and look at it. Worked all weekend and she was busy with family, will look go look at her passport tonight. Thank you so much.
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
Sounds good. I will be here. Thank you.
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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
Hello again. It's been a couple of days. Any word on if that J-1 is subject to 212(e)? It is VERY important.
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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.
If she entered on a J-1 that is NOT subject to 212(e), then she has the following options:
1) Wait for the immigration reform that comes out. If it is approved the way that they are intending, then she may be able to get Residency if she entered the U.S. early enough.
2) Apply for Asylum (she had to have done this within the 1st year of being in the U.S. unless there is a credible excuse or 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 for Residency without having to leave and the same if she had a U.S. Citizen son or daughter over 21 that petitions for her.
IF her J-1 is subject to 212(e), she would not be eligible for the third option unless she gets a very hard to get waiver. Here is a link:
http://travel.state.gov/content/visas/english/study-exchange/student/residency-waiver.html
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! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
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Customer reply replied 2 years ago
No visa stamp on current passport, as this is a new passport received last year from the Russian Embassy in Washington, DC
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
And how about the old passport that was stamped?
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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
If she does not have her old passport available, she will need to write in for an Advisory Opinion:
http://travel.state.gov/content/visas/english/general/advisory-opinions.html
Let me know if you need anything else, but please do not forget the positive rating. Thank you!
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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
Thank you for your kindness and respect. Good luck to you.
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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109,968
109,968 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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