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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109321
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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A I have a question about immigration legal status. A friend

Customer Question

Hi, a I have a question about immigration legal status.
A friend of mine enetered the USA from an EU State on a student visa 3 years ago. After a year of school, he stopped going to school and paying for it. When he stopped going to school both his Visa and I-20 were NOT expired. He didnt leave USA, but decided to overstay his I-20 which expired 2 month ago, in 2015.
Now, what is his current State? Would he have any chance to change his status while in USA, and most important in case he would decide to LEAVE USA, would he be subject to any 3-10 year restriction bar before being able to re-enter the USA? Or does he have time to adjust his status and leave and come back later when he wants to?
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.

Unfortunately, all options through employment, investment or studies are now closed to him. He had 5 months to reinstate to student status. After that, the option through study closed to him. He became out of status when he stopped taking classes. Maybe he would have a chance for Withholding of Removal if they tried to deport him. What country is he from?

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

Sorry, I didn't know you has posted a repeat question. I will mark the other one for refund. So yes, I am an immigration expert with more than 13 years of experience in this field. What country is he from?

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

As I said, options through employment, investment and studies are closed to him unless he leaves the U.S. and risks that 10 year bar. He can try for a very hard to get waiver, but I wouldn't recommend leaving. As far as current options, he has the following:

he has the following options:

1) Wait for the immigration reform that comes out. If it is approved the way that they are intending, then he may be able to get Residency if he entered the U.S. early enough.

2) Apply for Asylum (he 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 he fears to return to his home country because he believes that he will be specifically targeted due to his race, religion, nationality, social group or political opinion and that he runs a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, he would have to prove that he has at least 10 years in the U.S. AND he must also prove that if he is deported, a U.S. Citizen or Lawful Permanent Resident that depends upon him 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 he marries a U.S. Citizen (for love, of course), he could file for Residency without having to leave the U.S. or the same if he has a U.S. Citizen son or daughter over 21 that petitions for him.

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!

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

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