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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109277
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My brother in law is terminally ill and is residing in Playas

Customer Question

My brother in law is terminally ill and is residing in Playas de Rosarito MX, Baja Ca. He was deported to Mexico after doing about 14 years in prison for drug trafficking and his US citizenship was taken away from him due to his felony. While in prison he became very ill with cirrhosis of the liver due to a blood transfusion back in the 70's and was not given proper medical care or medications in prison, therefore when he was released to Mexico last July of 2014, he was very weak and ill. The doctors only gave him approximately 6 to 12 months to live and he is at his 12 month at this time. He needs and wants to be around family during his last days and we want him to live his last days here with us too. It is very difficult for family to be over there since we all work here and cannot be over there too long with him. He is very, very ill, near death time and the physician who is attending him at this time has offered us a letter stating the severity of his illness and that he doesn't have much to live and needs to be with family, since he doesn't have family over there. At this time, there is a nice couple who cares for him and cleans him and gives him food, but they have expressed to us that they do not want to care for him, since it is a big responsibility and they also have to work. Our question to you is, can our government pardon him under these circumstances and give permission to bring him over so we can care for him here during his last days and allow us to bury him with his mother, since this is his last request, is to be buried with his mother. Please keep in mind that he has done his time for the wrong that he had committed and has given his life to Christ and is a born again Christian. He knows he did wrong and doesn't have much to live, he just wants to be with family before he passes. Please reply before his passing. We thank you so very much... Linda P
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Hello! My name is***** and 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. I am truly sorry for your brother-in-law's situation. Fortunately, there are some options. The first is a B-2 visa and waiver. To visit, he would have to file for a B-2 tourist visa which can be found here: http://travel.state.gov/content/visas/english/visit/visitor.html And he would need a 212(d)(3) waiver which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link): http://www.state.gov/documents/organization/87150.pdf Here is a link to a good article: http://www.ilw.com/articles/2003,0930-labrie.shtm Because it has been so long and because he is terminally ill, he may have a better chance than most to get the waiver approved. An alternative to the B-2 could also be the Humanitarian Parole. Here is a link: http://www.uscis.gov/humanitarian/humanitarian-parole And finally, there is something called a Private Bill which is a special law passed by the U.S. Congress of application only to him or a small group of people. You and his family would have to contact your U.S. Congressmen and explain the situation to see if they will be willing to pass such a bill. Here is a link to get you started: http://www.usa.gov/Contact/Elected.shtml 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.
Expert:  Guillermo J. Senmartin, Esq. replied 2 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 2 years ago.
Thank you for your kindness and respect. Good luck to you and your brother-in-law.