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I have been in the country for 22 years my son in now 21 and he'd like to petition for me

Submitted: 7 months ago.Category: Immigration Law
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Answered in 5 minutes by:
12/6/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,331
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 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.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Sorry for the delay. 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.

Your son is a U.S. Citizen? How did you enter the U.S.? What visa did you use?

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Customer reply replied 7 months ago
I came as a F-1 22 years ago
Customer reply replied 7 months ago
Student Visa Expired
I got married about 8 years ago and got a two year Green card but nit the 10 year the Divorce was bad
I got a work permit that and green card that have since expired but I have been work since then and prior
Customer reply replied 7 months ago
My Son is a USA citizen but just started work this month after completing high school last year he has been staying at home for the most part and I took care of him. I divorced his mom who has been claiming him in her taxes
Customer reply replied 7 months ago
Can I be credited with credited 40 qualifying quarters (credits) of work in the United States my son has sufficient income
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

So you are saying you had a 2 year green card through marriage but you were not able to prove that the marriage was real in order to remove the conditions to get the 10 year green card?

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Customer reply replied 7 months ago
Correct
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

I may have bad news for you. Marriage fraud is a permanent bar to ever getting a green card in the future, even through a U.S. Citizen son or daughter. Do they have evidence of marriage fraud? What did they ask in the interview? What did you answer incorrectly?

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Customer reply replied 7 months ago
There was no fraud we just got Divorced and she refused to corporate
Customer reply replied 7 months ago
We were in not talking term when it ended abruptly
Customer reply replied 7 months ago
I have never been accused of Marriage fraud
Customer reply replied 7 months ago
WE never went for an exit interview because we were not talking to each other
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Ok. Then have your son file the following: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), I-693 (Medical exam that a certified doctor must fill out for you), and I-864 (Affidavit of support). He will need to file each form with supporting evidence and appropriate filing fees. They can find these forms at www.uscis.gov/forms.

The supporting evidence that you would file would be birth certificates, marriage certificate if you were married to his mother, your son's proof of U.S. Citizenship, proof of your legal entry into the U.S., and financial documents of your son's to prove his income. If he doesn't show he is currently making $1700 or more per month (if it is just you and he, meaning he is not married and has no minor children), then he must look for a Joint Sponsor for the financial aspect of the case. This Joint Sponsor must also file the same Affidavit of Support that he does and submit the same evidence that he still has to submit. The Joint Sponsor can be any U.S. Citizen or U.S. Lawful Permanent Resident that is over the age of 18 that makes the minimum amount. It does not have to be a family member or a household member.

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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Customer reply replied 7 months ago
On the I-485 can I mention my previous employment before and after I received the work permit?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

You must be honest, but having worked illegally in the U.S. does not normally cause a denial of a green card when one gets it through a U.S. Citizen son or daughter.

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

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 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!

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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.

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).

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