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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109648
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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CASE 1: 20 year-old Salvadorean male enters the USA w/o

Customer Question

CASE 1: 20 year-old Salvadorean male enters the USA w/o inspection on 11/15/2014. Detained, credible fear found, released after posting bond, Master Calendar Hearing scheduled for 11/29/2019. Lives in Virginia but case is pending before the Immigration Court in San Antonio, Texas. QUESTION: What procedure needs to be followed in order to obtain employment authorization? Details please.CASE 2: Salvadorean children were included in mother's I-130 Petition. In 2002 they went through consular processing and given LPR Packets. Stopped at airport when father reported that children did not have his permission to leave the country. QUESTION: Can these cases be re-activated now when the children are 28 and 22 years old or will it be necessary to file new I-130s? Details please.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello and welcome back. What happened that you asked for a refund yesterday after all the answers that I gave you?

Customer: replied 1 year ago.
Because you gave me two completely different answers to the same set of facts. First you said that "It may be possible to file an I-824 for each child to restart the immigration process." Then you said "I do not believe that will work". Because of this, I want to have another Immigration Attorney review the facts and give me another opinion.
Customer: replied 1 year ago.
I will not pay any more for the same questions that were asked yesterday for the agreed amount. There was no issue re the fees then and there should be none now. If this is unacceptable please advise and I will go elsewhere. I await your reply.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

It could work IF the children did not age out. We never explored if the children aged out or not. And how about Case 1? Gave you good information about that and you still asked for a refund, so not sure what happened.

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

My apologies, but when you posted your original question, it gave the impression that mother, an LPR, had filed for her children and when they were going to leave the father did not give permission. If that was the case, yes, an I-824 could be filed even though the children came of age and would go from F2A to F2B category, it could still be done. But when you mentioned that they were derivatives of the mother's petition later, that's when the issue of aging out came up. If you would like to explore the age out issue, I would be more than happy to do that. As far as case 1, I'm confused as to why you are asking about that again. Please let me know. Thank you.

Customer: replied 1 year ago.
Please re-read the original question. I don't understand why you got the impression that the mother had filed for her children when the information I provided clearly stated "Salvadorean children included in mother's I-130 Petition"....."children are now 28 and 26". This is the reason I am asking for the opinion of another immigration attorney. Best Wishes!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. That's fine. And how about the first case?

Customer: replied 1 year ago.
Please 'opt out' so my questions can be referred to another immigration attorney.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

The reason that I was under impression that it was her I-130 that she filed for the is because the owner of an I-130 is the person that petitions and you used the possessive, that it was the mother's I-130.

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

My apologies. It's that since we experts are not given a salary to be here, it's frustrating to spend time and effort on an answer and not be compensated for the time and effort especially when the answers are correct. Case 1 was not misunderstood. Case 2 there was a misunderstanding that was corrected at the end. If you want a second opinion, that's fine, but I don't think that should mean that I shouldn't be compensated for my time and effort. What happens if another expert verifies what I explained about case 1 and also agrees that it would not work if the children aged out which was my final answer once the misunderstanding was cleared up? Are you going to go back to my original post and ask them to reverse the refund? If you still want me to opt out, that's fine, I will. I just want to state my case so that you understand. Just let me know. Also, are you a licensed attorney or a paralegal?

Customer: replied 1 year ago.
Please opt out so I can request a new expert. Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Sure thing. Thank you for your understanding.

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

Well, I opted out a couple of days ago and no other expert has wanted to respond. It's might be because they wouldn't have a different answer. Do you still need help?

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!