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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109038
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a small question regarding my status, nope mine is

Customer Question

HI I have a small question regarding my status
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: nope mine is completely different scinerio
JA: Have you talked to a lawyer yet?
Customer: nope I did not talk yo any lawyer u are the first person
JA: Thank you.
Customer: ca you please drop me ur number !!!
JA: Anything else you want the lawyer to know before I connect you?
Customer: and email id I will send u my complete status
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 3 months 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

So what questions do you have for me?

Customer: replied 3 months ago.
Hi,I am Lucky i have entered united states in the year 2015 on f1 visa
to mississipi college and later transfered to new york institute of technology 2015
and have completed first semester in that college and got deregistered in the
second semester in the month of february 2016 but had planned for a reinstatement
and there by failed in applying which had further led to termination of my sevis
in the month of august 2016.My major question is can i join in new college??
How can i activate sevis?
What are the easy ways to do my masters??Thanks in advance.
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

So you are saying that you have been out of status for more than 5 months? If that is the case, I may have bad news for you. 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.

Customer: replied 3 months ago.
yeah I am out of status for 5 months ...
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

How long have you been out of status? Did USCIS make a determination about your status? Did they deny a change or extension of status?

Customer: replied 3 months ago.
I am out of status from 8 months and I did not fill and apply for reinstation.
I am not aware how to deal thing with.Could you be please be more descriptive .......
What should I do ???
Thanks in advance !!!!!!
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

You aren't going to like the answer, unfortunately. It is too late for you to do reinstatement because you had 5 months to do it and at 8 months, it is too long. Sorry. So you have the following options at this time under the law:

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

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

4) Because you have not begun to accrue unlawful presence yet since USCIS has not made a determination on your status, you do not have a 3 or 10 year automatic bar yet. This means that if you leave the U.S. within a reasonable time, like very very soon, you could apply for a visa to come back and not have an automatic denial. You still have to convince the visa officer that your overstay was brief, reasonable and would not happen again, but at least you have a chance.

I wish I had better news for you, but the options are limited.

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.

Expert:  Guillermo J. Senmartin, Esq. replied 3 months 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!