Immigration Law

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Do you handle immigration queries. No steps have been taken…

Customer Question
Hello do you handle...

Hello do you handle immigration queries

Lawyer's Assistant: What steps have been taken? Has any paperwork been filed with the U.S. government?

No steps have been taken i am here on a 1 94 visa

Lawyer's Assistant: Have you talked to a lawyer about the visa?

No

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

Yes i am married to a us citizen however my 90 days of visiting on my current visa expires next week. If i stayed i would be overtstaying my visa but my husband and wanted to file for permanent residency and i am wondering if i am out of time

Submitted: 4 months ago.Category: Immigration Law
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Answered in 1 minute by:
3/16/2018
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 4 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,349
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.

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.

When did you marry? Before or after you entered the U.S.?

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Customer reply replied 4 months ago
Hello
In 2013
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 4 months ago

Ok, but how did you enter the U.S. on ESTA Visa Waiver if you are married to a U.S. Citizen for so long?

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Customer reply replied 4 months ago
I have been here since Dec 25 on an Esta visa. I have been married to a us citizen for four years. I continued going back and forth on an Esta
Customer reply replied 4 months ago
Next week my 90 days is up. We plan to file in April, would that be too late?
As I would no longer be here legally after the 90 days could I be removed from the country?
Customer reply replied 4 months ago
Hello are you still there?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,802
Experience: She has worked on all types of U.S. Immigration cases since 2007.
Verified

Hello, my name is*****'m another attorney. I see that you opted out Guillermo. He can't answer you when you opt him out and I'm sure he would like to help and answer you. Would you like to wait for him to be opted back in so he can answer your questions?

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Customer reply replied 4 months ago
I was waiting for a while and was not sure if he was still online
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 4 months ago

Good morning. I wish you had not opted me out. It took an administrator up until this morning to get me opted back in. Last night I had stepped away from the computer for a few minutes. I would have responded rather quickly. Anyway....take a look at this link:

http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/DOS_Expands_Presumption_of_Misrepresentation_Rule_to_90_Days/

What is happening is that they are cracking down on people that are using ESTAs and visitor visas inappropriately when they have immigrant intent. So even if you waited 90 days or more after your entry to file an Adjustment of Status (yes, I know you will become out of status by then, but that's not the issue since filing of the I-485 places you in a stay authorized by the Attorney General and being out of status is not a reason that they will deny Residency through a U.S. Citizen marriage), they could slap you with a visa fraud charge because you used an ESTA to enter that requires non-immigrant intent and they will say you had immigrant intent since you had already been married before you entered the U.S. You can argue that you had used the ESTA many times after being married and that you always left and that may work so that they don't charge you, but there is no guarantee. If they do charge you with visa fraud, your spouse will have to file an I-601 waiver and prove extreme hardship to him if you are not approved. Also, once you file everything, you won't be able to travel out of the U.S. until an I-131 Advance Parole is approved and that could take 3 to 5 months. The only way for you to be safe would be for your spouse to file an I-130 for you, that you leave the U.S. on time (or certainly before you reach 180 days of unlawful presence) and wait patiently outside of the U.S. for Consular Processing of an immigrant visa that can take around 9 months or so and you wouldn't be able to visit the U.S. during that time. I know this is not the news you were hoping for, but I am trying to keep you from getting into trouble and hope you appreciate that.

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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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 4 months ago

Did you have another question for me?

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 4 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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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 months ago

Thank you for your kindness and respect. Good luck to 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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