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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109314
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am living in USA years now I came through a j1 visa but I

Customer Question

I am living in USA for 8 years now I came through a j1 visa but I overstayed I have no criminal record I am married to my wife which is also in the same situation we are both from Romania we have a 5 months daughter . I want to see if we can get a green card for being a long term resident or if there any other way in qualifying for a green card ?
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 14 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, not really. Are either or both of you subject to 212(e)?

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

Hello Cristian. 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.

Unfortunately, the only thing that is available for someone that has more than 10 years in the U.S. is Cancellation of Removal but to win that, you not only have to have the 10 years in the U.S., but you have to ask to be placed in Removal Proceedings, thus putting yourself in danger because if you lose you would be deported, and you also have to have a U.S. Citizen that depends upon you (yes, your daughter) but also that the U.S. Citizen that depends upon you would suffer EXCEPTIONAL and EXTREMELY UNUSUAL hardship if you were deported. I doubt that a life in Romania would be that type of hardship since your daughter would go with you if you were deported. So it is very risky and really only recommended as a last resort meaning that if one day ICE knocks on your door and initiates Removal Proceedings against you, then you could try it. Other than that, you would be looking at either marriage to a U.S. Citizen (for love, not papers) or waiting until your daughter turns 21 to be able to petition for you, and that's IF you are not subject to 212(e). I am truly sorry. I wish I had better news for you.

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. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can 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 Cristian. 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.

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