Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

We adopted our grandson 3 years ago and sent in the I130…

We adopted our grandson...

We adopted our grandson 3 years ago and sent in the I130 form but there is still a 2 year waiting period, the problem is that his B2 visa is running out on march 18 and we were told he had to leave the USA, both me and my wife are green card h

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

Just the I130

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

Yes we have a lawyer in Dallas but she is telling us also that he needs to leave, our son is 12 years old it is tough to send him out of the country

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that should be it for now

Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 2 minutes by:
3/9/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,810
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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.

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.

Ask Your Own Immigration Law Question
Customer reply replied 5 months ago
Ok thanks

Sorry for the delay. I just ask that if the news is not good 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.

How long have you been Lawful Permanent Residents?

Ask Your Own Immigration Law Question
Customer reply replied 5 months ago
Since May of 2009

And why don't one of you become a U.S. Citizen so that way your son does not have to leave the U.S. and can do Adjustment of Status?

Ask Your Own Immigration Law Question
Customer reply replied 5 months ago
Yeah we are planning on doing that but that takes about 6 months to do and he is supposed to be out on march 18

Ok. You have three choices:

1) Become U.S. Citizens (or at least one of you), then even though he might be illegal by that time, as long as he is under 21 and you file all the proper paperwork for him, he is placed back into a stay authorized by the Attorney General and can get Residency without leaving the U.S.

2) You send him back home to wait for Consular Processing.

3) He stays until the Priority Date becomes current and you send him back home at that time to do Consular Processing to come back rather quickly. Why will this work? Because he does not have a penalty to coming back until after he turns 18 and a half (unlawful presence starts at 18 and the penalty is activated 6 months later).

So you have options.

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 5 months ago
Thank you

You are very welcome, but PLEASE do not forget to rate me positively so that I can get credit for my assistance to you. 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. You may have to scroll up to the top of the page to see the stars/smiley faces. If you don't see them because perhaps you are using the mobile app, then try clicking on my name and they should come out. Since I am NOT given a salary, it is the only way the website will compensate me. You are NOT charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,810
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
Ask your own question now

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,810
113,810 Satisfied Customers
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.

Guillermo Senmartin 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

4,009 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 Senmartin

Guillermo Senmartin

Immigration Attorney

113,810 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
Current state: We applied for Card on April 2016 and my wife
Current state:We applied for Green Card on April 2016 and my wife travelled to India for her second delivery with my daughter on Nov 2016 with Advance Parole. We blessed with Baby boy on Jan 21 2017 a… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,810 satisfied customers
The case is my boyfriend and his daughter have a B1, B2 visa
The case is my boyfriend and his daughter have a B1, B2 visa to the usa and he is planning to come in Sept. 2016. How can he change the status of his B1 B2 visa to a permanent resident green card? I m… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Someone is on H1B years. s current petition is valid 1 year.
Someone is on H1B for 2 years. His current petition is valid for another 1 year. After that he will have 3 more years to max out. But due to down sizing, his employment end date with his current emplo… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,810 satisfied customers
I am 79 years old and I just received my US Greencard (for
I am 79 years old and I just received my US Greencard (for the second time). My first greencard is considered abandoned (as I could not come back in US, in time). Reason being, my son abandoned me and… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,810 satisfied customers
Hold a Greencard (DV lottery 2012) and just got a job offer
hold a Greencard (DV lottery 2012) and just got a job offer in the US as a corporate pilot. My fiancee, does not have any VISA yet (she had a B1/B2 for 10 years as a flight attendant but the VISA has … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,810 satisfied customers
While on H-1B and F-1 visa, I have always successfully have
While on H-1B and F-1 visa, I have always successfully have extended the B-2 visa of my handicapped son since 2006 using an Affidavit of Statement of Facts that included the following statements below… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Hi, The question relates to my immigration and my family
Hi, The question relates to my immigration and my family divorce. I am on H4 visa and my wife works H1b work visa...Me and my wife are getting separated, my 3 year old son born in USA so by birth he i… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
Hi Judith,Im a green card holder. I was told that in September
Hi Judith, I'm a green card holder. I was told that in September Family based 2A category is still current. I'm going to file I130 to petition for my husband (H1B status) this month. Does it mean my h… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I am a US Citizen, residing outside the U.S. My wife and her
I am a US Citizen, residing outside the U.S. My wife and her daughter and son (my stepchildren, her legal children I cannot adopt them in her home country) are non US citizens. Daughter is 17, son is … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,454 satisfied customers
HiBoth my wife and me are green card holders. We adopted
Hi Both my wife and me are green card holders. We adopted an F1- student (12 years old) in private school at US aboout two years ago. Right now, we would like to process her green card to transfer her… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I AM AN AMERICAN CITIZEN. #1. MY GRANDSON IS IN THE USA FOR
I AM AN AMERICAN CITIZEN. #1. MY GRANDSON IS IN THE USA FOR THE LAST 6 YEARS ON A STUDENT VISA.HE IS AN ASSISTANT PROFESSOR. HOW CAN I HELP HIM GET THE GREEN CARD AND BE A PERMANENT RESIDENT? CAN HE O… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,810 satisfied customers
Hi Sir / Madam: My name isXXXXX I am an Indian citizen.
Hi Sir / Madam: My name isXXXXX I am an Indian citizen. • I have 10 yrs multiple entry visitor visa (B2) to USA • I entered USA on Oct. 17th 2010. • I got permission to stay here for 6 months and date… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
my wife has a green card through marriage granted last march.
my wife has a green card through marriage granted last march. she is from Taiwan. Her son (my stepson) was born in Vancouver (he is 12) and is a Canadian citizen. When we came back from Asia last summ… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
My son is 18 & a UK citizen. I recently received my green card
My son is 18 & a UK citizen. I recently received my green card and my wife is a US citizen. She is prepared to adopt legally my son. Can she/we petition for him to obtain LPR status in the USA?… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
Hello, my visa is out of status. i know that if i leave i will
Hello, my visa is out of status. i know that if i leave i will not be able to return for a period of time. my son will become an american citizen in the near future. my question is this: if i leave an… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,810 satisfied customers
I HAVE A FRIEND WHO HAS BEEN IN USA FOR OVER 4 YRS, VISA EXPIRED
I HAVE A FRIEND WHO HAS BEEN IN USA FOR OVER 4 YRS, VISA EXPIRED FROM MEXICO. WHAT CAN WE DO TO GET HIM LEGALIZED, HE IS JUST 18… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,810 satisfied customers
Going out of USA After Green Card Processing begins
Hi, My New Employer just applied for my H1-B Transfer, and I have received the Receipt Notice that application is received and is processed(Which we will take 2 months as the website)....here is the s… read more
BizMatters
BizMatters
J.D.
666 satisfied customers
my son is 2 years old born in usa, he has developement
my son is 2 years old born in usa, he has developement delay and need special education arrangement, which is not available in my county. I am F1 student and will finish my study in 1 year from now an… read more
Myron R. Morales
Myron R. Morales
Immigration Attorney
Doctoral Degree
290 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