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How can someone from spain stay here legally for more than 3…

Customer Question
How can someone from...

How can someone from spain stay here legally for more than 3 months

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

No

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 1 year ago.Category: Immigration Law
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Answered in 2 minutes by:
3/21/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 1 year ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,904
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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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.

I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Unfortunately, an ESTA is one of the worst statuses to have. It cannot be extended with one exception, does the person have a serious medical emergency? How long does the person want to stay for?

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 1 year ago

Unfortunately, I don't have good news for you. As I said, the ESTA is one of the worst statuses to have. It cannot be extended and it cannot be changed from inside of the U.S. The exceptions are the following:

1) A legitimate and urgent medical emergency. CBP will extend for 30 days maximum.

2) Applying for and winning Asylum or similar protection.

3) Marriage to a U.S. Citizen that applies for her or a U.S. Citizen son or daughter over 21 applying for her or if she is under 21 and unmarried, a U.S. Citizen parent applying for her.

Are any of these viable options for her?

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Customer reply replied 1 year ago
Nothing else?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 1 year ago

No. Unfortunately not to be able to stay. She can leave to any other country for a day and try to come back for another 90 day cycle as long as it is not Mexico, Canada or any of the adjacent islands to the U.S. For those she would have to leave for at least 30 days. Even if she left for 30 days or 1 day, when she comes back, she has to be ready to answer the following questions:

1) Why are you coming back so soon?

2) Why couldn't you do what you needed to do during your last trip?

3) How will you be supporting yourself for this additional time since you are not allowed to work?

4) What STRONG ties do you have to your home country to ensure that you will go back?

5) What preparations have you made to go back?

If they are not satisfied with her answers, they won't let her back in and it could even be a 5 year bar, so she has to be careful. I am truly sorry for the bad news. I wish there were some better options, but the options are limited at the moment.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney 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!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 1 year ago

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

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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