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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109281
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a US Citizen that recently got married in Mexico to a

Customer Question

I am a US Citizen that recently got married in Mexico to a Mexican National. It took about 5 months getting everything ready after we decided to get married due to the significant amount of apostle documents and laws we had to abide. It's fairly recent and we are not looking into the possibilities with immigration to fix his status. He resides in Mexico. He previously lived in the US for 10 years and signed a voluntary deportation in 2014 after he was arrested in FL for driving without a DL and held by ICE. I am currently a few weeks pregnant and really wish we can try to find a legal entry for him. I've consulted with one attorney that pretty much told me he was barred for 10 years due to the paperwork he signed and we could apply for a Waiver to remove bar but my chances are slim because I do not have an extreme hardship without him. Please anyone, advise me. She also mentioned a case of this magnitude would be around $6,500 legal fees plus all other fees from filing. Is this around the price you would say it could cost a case like this?
Submitted: 1 year ago.
Category: Immigration Law
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.

Does he have any other problems/crimes in his background? What would be the extreme hardship to you if he is not allowed to come back to the U.S.? It should be something more than just emotional and financial hardship.

Customer: replied 1 year ago.

I don't think I have any. I don't have any illness neither does he. I have a lot of debt from student loans that would not permit me from leaving to Mexico to work and pay. I would not make enough to cover them. He has a decent job out there and so do I here in the states so financially we don't have something that can qualify. I can think of the horrible crime rate there and why I would not life to live over there in fear of my life. Aside from having a parent absent in they child's life once it's born, I think that would be the worst piece in our case. He was in Alabama and Florida when he lived here in the US. He has 3 arrest for driving without a valid DL in FL and in Alabama he has a warrant for his arrest based on traffic tickets that he didn't pay. He mentioned a DWI back in 2009 but I can not find any record of this in Alabama. I have paid and tried to pull as much info from his background but I can not find the charge at all.

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

Well, he needs an I-601A waiver to come back to the U.S. and to get this waiver he will have to prove that you, his spouse, will suffer extreme hardship if he is not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because the hardship probably will need to be more than just economic hardship or emotional separation hardship. So because they are difficult to get, no one wants to risk leaving the U.S. and getting stuck outside for 10 years if it isn't granted.

You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.

http://damascus.usembassy.gov/ina212.html

and here is another link:

http://www.uscis.gov/forms/centralized-filing-and-adjudication-form-i-601-application-waiver-grounds-inadmissibility

And here is a link to what extreme hardship is:

http://www.ilw.com/articles/2007,0717-scott.shtm

Unfortunately, the hardship of your child does not count, but it can count the difficulty on you having to raise the child on your own.

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.

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!