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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109664
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have two questions for you, the first one; a friend of

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i have two questions for you, the first one; a friend of mine had an interview at Ciudad Juarez consulate; on a approved petition from her husband, at that time her visa was denied because she had been in the United States Illegally; she had to stay in mexico for 10 years. 6 years have past since then; the question is can she apply for a waiver; or does she have to wait for more years outside the United States?second question- Can a person with DACA apply for adjustment status if they married a US, Citizen; i heard on the news that it would apply to people living in the ninth circuit district

Customer, you forgot to write FOR GUILLERMO. Even after a hurricane has passed, I'm usually not disconnected longer than 24 hours.

Anyway, 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.

I will probably have some good news (not great news) for the first question, but for the second question, how did the beneficiary enter the U.S.? Illegally or with a visa? Which visa?

Customer: replied 1 month ago.
HELLO!I Hope you and your family are okay!! i will for sure leave you a positive rating. The second question the person entered without inspection as a child, then qualified for DACA.

Yes, all is well, thank you.

1) He can file an I-601 waiver for her and prove that he would suffer extreme hardship if she is not granted the waiver.

2) Unfortunately, if they entered the U.S. illegally, DACA does not provide an avenue to Residency. The person would have to leave the U.S. to get an immigrant visa to come back unless they qualified for the old 245(i) law.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 1 month ago.
On the first question, they can just file i-601 and then notify Ciudad Juarez if is approved for a Visa Interview??

Correct. It will probably take a number of months, but it is better than waiting 4 years. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 1 month ago.
are you able to check on the decision of the ninth court of appeals, they had mentioned something for people with TPS and DACA? I Believe people with DACA qualify to do their adjustment status

I doubt it. That would be tantamount to the courts making laws that do not exist. This is not allowed and would be struck down by a higher court. If you would like to provide me with links to those decisions, I will review.

Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!