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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109023
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Citizen. My father lives in Poland. He is 80yo. I am s only

Customer Question

I am USA citizen for 20years. My father lives in Poland. He is 80yo. I am his only child. I need him to come and live with me, however he does not have SS, insurance and such. He has a tourist visa at this time.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
What about if he came for visit and will need medical assistance. How can I get medical insurance for him? What about self pay for hospitalization. Am I responsible for his bill?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year 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 quickly is it that you want him to come to the U.S.? Is he currently in the U.S. at this time? When was the last time he visited?

Customer: replied 1 year ago.
He is currently not in USA. He was here in 1994 for 3 months visit (only one time). I am not sure when I would like him to come( but he has a visa), just getting information at this time.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, you can and should purchase insurance for him. He will not be eligible for Social Security or Medicare or Medicaid. So this is why I recommend buying medical insurance for him. You can shop around for the best deal. As far as bringing him, it will take around 9 months or so. Here is a link to the process:

http://travel.state.gov/content/visas/english/immigrate/family/family-preference.html

Can he come on a B-2 and then you file for him to stay? Yes, it is possible, but dangerous. Why? Because if they stop him at the Port of Entry and question him and they are not happy with his responses, one of three things can happen if they discover his intent is to stay:

a) They will allow him to withdraw his request to enter the U.S. and he can go home, no penalty.

b) They will not allow him to withdraw his request to enter the U.S. and will order him excluded. This has a 5 year penalty that he cannot come back unless he gets a very hard to get waiver.

c) They will not allow him to withdraw his request to enter the U.S. and they catch him in a lie and they exclude him with a permanent bar due to fraud and/or misrepresentation and with that charge he cannot come back unless he gets a very hard to get waiver.

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 do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 1 year ago.
He does not speak English. His g-daughter is getting married next year, so he would probably come anyway( even for a visit). I was told that if he would get a green card he can have SS and MC. I was shopping for insurance and was told he would not qualify for Obama-care or such due to lack of SS # ***** at his age he should have MC. But lack of status is a problem. If he would come here can I sponsor him to get green card?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

He will get a Social Security # ***** soon as he gets a work permit or green card, whichever comes first. So that's not a problem. What I meant was that he won't qualify for Social Security benefits at the beginning, but he will get a SS# ***** quickly. Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year 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!

Customer: replied 1 year ago.
I am sorry, but you did not help much. I found out that we can bring him here and ask for adjustment of status I-485. Thanks
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for finally responding, but I'm sorry, but who told you half the truth? Of course he can enter the U.S. and you can do Adjustment of Status, but that's not what you asked. And did you forget about the part that he is NOT supposed to use a B-2 tourist visa to enter the U.S. and the dangers involved if he tried and failed? Did you come here for the truth, or did you come here only to hear what you wanted to hear? I am giving you information that you need because I care. I don't want your father to get into trouble. So who's the idiot that only told you what you wanted to hear? Who told you only half of the truth? Someone that wants you to hire them maybe? Of course that person is going to only tell you what you want to hear. I look forward to your response. Remember that your response does not have an additional cost. Thank you.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for ignoring my reply to you. That wasn't very nice. I am telling you the truth because I care and I don't want to see your father get into trouble. I clearly explained that if he uses a B-2 to try to get into the U.S. and they question him, one of three things can happen if they are not happy with his responses or they figure out that his intent is to stay:

a) They will allow him to withdraw his request to enter the U.S. and he can go home, no penalty.

b) They will not allow him to withdraw his request to enter the U.S. and will order him excluded. This has a 5 year penalty that he cannot come back unless he gets a very hard to get waiver.

c) They will not allow him to withdraw his request to enter the U.S. and they catch him in a lie and they exclude him with a permanent bar due to fraud and/or misrepresentation and with that charge he cannot come back unless he gets a very hard to get waiver.

If you don't believe me, take a look at these:

http://www.seattletimes.com/seattle-news/suspicious-feds-turn-back-many-foreigners-at-airport/

http://www.borderimmigrationlawyer.com/expedited-removal/

In one of those situations the person did NOT have immigrant intent but they couldn't prove it. In your father's situation, he does have immigrant intent. So you see the danger? Sure, he may get lucky and they may wave him on through, but I would be committing mal-practice if I told you he was guaranteed to enter and there was no risk.

IF he can make it in, then sure, you can file an I-130 and I-485 for him so that he can adjust status, but that's IF he can make it in.

I sincerely ***** ***** you appreciate the answers that I have given you and that I have only told you what I have told you because I care and don't want your father to get into trouble.

Let me know if you need anything else, but please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are NOT charged again and we do NOT finish just because it says, "Rate to finish" or something like that. I will not abandon you after you rate me positively if you have additional questions. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year 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!1

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.

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