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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109609
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am Indian, married yrs. I came to US on F1 visa,

Customer Question

Hi. I am Indian, married for 10 yrs. I came to US on F1 visa, which had married status. Then I changed to J1 from within US, which has single status. Now I am getting divorce in US court so my status will be single really. When I apply for green card, does the previous inconsistency affect my green card application? My ex husband is in India.
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. How was your J-1 in single status if you were married at that time?
Customer: replied 2 years ago.
I wrote single in my application. My spouse never came to USA yet. I was separated and thought of writing single. I did not think legally at that time. Now when I look back, it does not look good for future prospect of green card application. What problem it will cause in my future green card application? Will it be denied? Will it be delayed? Will I have to leave the country for this?
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
What is the basis for your application for a green card?
Customer: replied 2 years ago.
J1 waiver job, employment.
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 years ago.
I did not necessarily need a phone call. I am okay if you can give me your opinion about how my future immigration application can get affected by this.
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
This may be a problem because the waiver for employment issues is under INA 245(k). This is a fraud issue that happened before employment to get into the U.S. I assume you do not have any U.S. Citizen or U.S. Lawful Permanent Relatives in the U.S.? If you do, who are they?
Customer: replied 2 years ago.
I do not have anyone. So what can I do now?
Customer: replied 2 years ago.
When i came to US, the status was married. So how is it a fraud to come to US? The spouse never came to US. So it did not give me any advantage to come or stay here.
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Ok. Now that I review the case a little closer, it doesn't seem to be a material misrepresentation since you were legally married at the time that you entered the U.S. Since you were already in, it probably did not make a difference with getting a J-1 approval whether you were married or single and in fact you would have probably increased the chances of getting a J-1 denial by putting single. So I think the argument can be made that it was not a material misrepresentation. I would hire an attorney to process your case and have that argument ready with possibly some supporting case law because if a USCIS officer decides that it was a material misrepresentation, then you may have an issue because you do not have a qualifying relative to serve as a basis for the I-601 waiver that may be necessary to "forgive" the fraud. You can look for an attorney at 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.
Customer: replied 2 years ago.
Thank you. So I will hire someone and get the argument ready. Do I expect a delay in my green crd processing for this reason?
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
I doubt it will delay it, but I cannot guarantee it. Nothing you can do about that either way, so no sense in worrying about it. Let me know if you need anything else, but please do not forget to rate me positively. Thank you!
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!