Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law

Second opinion] my mother has a hard time speaking and

Customer Question
Second opinion] Hey my mother...
Second opinion] Hey my mother has a hard time speaking and understanding english She came here through political asyum
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: Not yet She wants to visit her sick mother back in India But her Indian Passport is expired and her Green Card has code AS7 on it
JA: Have you talked to a lawyer yet?
Customer: No this is the first tim time*
JA: Anything else you want the lawyer to know before I connect you?
Customer: That is all
Submitted: 2 months ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 4 minutes by:
9/9/2017
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 months ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109,965
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 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.

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, it is bad news. It is a risk for her to go. They could reopen her Asylum case and look for fraud or revocation if they feel it is safe for her to return to India. How long has she been a Lawful Permanent Resident? How old is she?

Ask Your Own Immigration Law Question
Customer reply replied 2 months ago
She has been a lawful resident for approximately 15 years
She is 47
Her husband is a citizen and her son
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 months ago

Well, I was hoping that she was old enough to be able to take the Naturalization exam in her own language, but she would have to be 55 years of age with 15 years of Residency or 50 years old with 20 years of Residency to qualify. She is just shy. She will only be safe going back to India after she becomes a U.S. Citizen. If she travels before, there is a risk that the U.S. government could revoke her Residency or at least investigate for fraud in the previous Asylum process. I wish I had better news for you, but I wanted you to be aware of the risk. Could she re-Adjust status through a U.S. Citizen spouse or U.S. Citizen son over 21? Yes, it might be possible as long as no previous fraud is discovered.

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.

Ask Your Own Immigration Law Question
Customer reply replied 2 months ago
Her son is 21
How would we apply for readjustment?
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 months ago

She would need to either abandon the current Residency status by filing an I-407 and then the son can apply for her using an I-130 and doing Consular Processing if she is outside of the U.S. or I-130 and I-485 if she is in the U.S., or when she comes back from India, if they place her in deportation proceedings and an Immigration judge revokes her green card, then the son can file an I-130 and later an I-485, but it's scary because she has to go through deportation proceedings. Also, remember that if they determine that there was any fraud in getting the Asylum, she might be barred from getting Residency again.

Let me know if you need anything else, but please do not forget to rate me positively. 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 the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Ask Your Own Immigration Law Question
Ask Guillermo J. Senmartin, Esq. Your Own Question
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109,965
109,965 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

Guillermo J. Senmartin, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,969 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

109,965 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
I have a question about citizenship, immigration. It is
no, I have a general question about name changes and citizenship. … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
109,965 satisfied customers
I have some questions regarding H1B/H4/485. This is
this is regarding my wife, she is currently working at a company now for the 7th year, so she has extended her H1B twice, currently her green card application has been filed and she has received her I-140. She recently received an offer from a company that is willing to sponsor her H1B but they cannot sponsor green card application. I'm wondering in this case, can she still make the H1B transfer? … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I have a couple of questions to ask about naturalization. A
I have a couple of questions to ask about naturalization … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Laws/restrictions leaving estate to natural born USA
Laws/restrictions leaving estate to natural born USA children and spouse who is Thai but applying for US citizenship. … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Malineni and i have applied for my citizenship in july and
hi My name is ***** ***** and i have applied for my citizenship in july and biometrics appointment was done in august i want to know if i can travel abroad and how long can i stay away … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,317 satisfied customers
I will apply for citizenship on December 12 and I will get
I will apply for citizenship on December 12 and I will get married to a foreign citizen a couple weeks after then will apply for adjustment of status for her.. should I wait to file N400 as married? i… read more
Bill Attorney
Bill Attorney
law
1,419 satisfied customers
I have an immigration question. my nephew is applying I-485
hi, I have an immigration question. my nephew is applying I-485 for his mom and she is living in the U.S legally with her visitor visa. but my nephew just finish college and just got a job on june 201… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,317 satisfied customers
If my green card expired 11 years ago, and I now have a
If my green card expired 11 years ago, and I now have a misdemeanor, should I try and get that expunged first, then renew? … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am a new green card immigrant. I worked 3 days for a
I am a new green card immigrant. I worked 3 days for a painting job but had to quit because of the commute and unpredictable schedules. They owe me $309 but will not pay me. I have been there 6 times … read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers
If im a derivative asylee and applied for green card but the
If im a derivative asylee and applied for green card but the princpal asyle havent applied for green card yet wil i get my green card … read more
Leena Kamat
Leena Kamat
Juris Doctor
94 satisfied customers
I have applied to renew my green card in feb 2017 and I
I have applied to renew my green card in feb 2017 and I still … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
109,965 satisfied customers
I am from the US and currently a green card holder. I will
I am from the US and currently a green card holder. I will be here in the us for 5 years this coming December so I will be able to apply for us citizenship but I will marry my fiancé in the Philippine… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,317 satisfied customers
I have a friend who would like to apply for a Green Card. He
Hello. I have a friend who would like to apply for a Green Card. He is here in the US on a tourist Visa at this time. His son is a US Citizen.1. He is wondering which forms need to be filed for him? I… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am a natural born citizen who married an immigrant with an
I am a natural born citizen who married an immigrant with an expired visa just under 5 years ago. Just under a year into the marriage, my spouse applied for and received conditional residency under ma… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
109,965 satisfied customers
My immigration case was dismissed by the immigration judge i
my immigration case was dismissed by the immigration judge i was a legal permanent resident what do i have to do to get it back now that my removal hearings were terminated … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
109,965 satisfied customers
I have a question in immigration. I have EAD and my I-485 is
Not yet Are we allowed to work on multiple jobs on GC EAD Is it legal to work? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,317 satisfied customers
I went to immigration for my citizenship papers and was told
Hi, i went to immigration for my citizenship papers and was told to go home because i did not have the PTI program? what can i expect from that? … read more
KJL LAW
KJL LAW
Juris Doctorate
1,621 satisfied customers
I entered the country ilegally, an immigration judge granted
I entered the country ilegally, an immigration judge granted me to stay because a have no criminal record and i have petition pending from my US citizen sister, i recently got married to a US citizen?… read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x