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Case Description Been married for 2 years, wife got her

Case Description Been married for...

Case Description Been married for 2 years, wife got her conditional green card about 6 months ago. This was her 2nd attempt as the first marraiged was deemed as fake after UCIS did a 2 year check up. Right now, we have a 1 yr old, and still live together. However she has put a restraining order on me last week because I refused to partition for her son who is here illegaly. As a result shes threatening to get his greencard through VAVA which she tried to do in her 2nd marraige but failed My goal is to have full custody, and ensure she does not continue to play the system and get away with this cotinous munipulative behanior and extortion she has used against me for years to scare me so I apply for her greencard. I recently filed her sons in order to calm her down and she said she would remove the Temp Restraing Order If I did. However as soon as I sent and filed the papers she once again decided she would proceed forward with the court appearance. The TRO appearance is set for the 23rd of this month. I believe I have a very strong case as I am a US citizen, and have the ability to financially take care of my son. She unfortunately doesn't have a job or diploma and was even here illegally for several years until she received a letter of deportation from ICE when we were first dating. AS a result she pressured me into getting married and having kids all within 1 year. I am 100% certain with her history of fraud and immigration scandals this would be a certain clear up win. Please email or call me at my cell ***-***-****

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Answered in 2 hours by:
7/14/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,814
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 16 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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Customer reply replied 1 month ago
Sounds great thank 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.

It sounds like more of a custody question than an immigration question, is that right? I ask because your question ended up in the U.S. immigration law forum.

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Customer reply replied 1 month ago
Sure I will be more then happy to give you 5 stars
Customer reply replied 1 month ago
it indeed is a immigration and custody issue
Customer reply replied 1 month ago
I would love to hear your suggestions

Well, I can only really answer any immigration questions that you have, not really custody. So what immigration questions may I answer for you?

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Customer reply replied 1 month ago
My wife has filed a TRO against me because I did not apply for her sons green card
Customer reply replied 1 month ago
I need to figure out what type of lawyer is best for this
Customer reply replied 1 month ago
Because a divorce lawyer would not be able to fully understand the scope

Well, that may have been the why, but there should have been some evidence of abuse. What did she report to get the TRO? What evidence can she present to make the TRO permanent?

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Customer reply replied 1 month ago
She made up stories that I abused her simply so she could get her green card through vava

What evidence can she present to make the TRO permanent?

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Customer reply replied 1 month ago
She has a few pictures with bruises bc I defended myself bc she was attacking me
Customer reply replied 1 month ago
I have an actual video of her attacking me
Customer reply replied 1 month ago
She only has pictures and few police reports due to the cops showing up over the years because she is unstable

Ok. So are you looking to get her deported? It could happen, but that does not guarantee that you will get your son in a custody battle.

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Ok, but again, I say that this will not guarantee that you will win full custody. If you lose custody, your son would go with her.

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Customer reply replied 1 month ago
I need to ensure my 1 yr old son does not fall under the custody of a women who isn’t a full legal immigrant
Customer reply replied 1 month ago
Has no job or income
Customer reply replied 1 month ago
has a history of trying to manipulate her way into getting s green card
Customer reply replied 1 month ago
Do you mean go with her back to Brazil?
Customer reply replied 1 month ago
I’d love to speak to you on the phone

I understand that, but for you to win full custody, her legal status in the U.S. is not an issue. You will have to prove that she is an unfit mother or a danger to the child. There has to be solid proof. Do you think you will be able to prove that? How? So far you have a video of her attacking you which is good, but unless there is audio that puts it into context, it could be a he said she said where she can just claim that you incited her to attack you. So what else do you have? And you can speak with me on the phone, but there is a fee to upgrade to that service, especially at 2am on a Saturday.

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Customer reply replied 1 month ago
She was here illegally for many years
Customer reply replied 1 month ago
I have proof that she takes my prescriptions during her pregnancy
Customer reply replied 1 month ago
However I am afraid her son is going to lie to protect her so I went to deport him assap
Customer reply replied 1 month ago
I sent the sponsor form and payment but haven’t gone to the interview yet
Customer reply replied 1 month ago
I think I should call ice and report her son?
Customer reply replied 1 month ago
Because going to the restraining order hearing is pointless
Customer reply replied 1 month ago
I also have evidence of her saying she cancelled it but she lied about that
Customer reply replied 1 month ago
my worry is that the past 3 weeks I wasn’t supposed to be around her but we spent everyday together

None of what you have said is a crime other than her attacking you. If her son is a minor, ICE most likely will not take action as they don't want a media storm for trying to deport a minor. If you are going to take action, you need to have her charged criminally with domestic violence. If she is convicted of that, that will make her a priority for deportation and her and her son would be deported by ICE if he is minor because he will go with his mother. As to your son, you will need to prove to a family court judge that she is an unfit mother or a danger to the child. Also, if you can prove that her first marriage was fake, then your son won't be able to bring her back to the U.S. once he turns 21.

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.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,814
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 1 month ago
Sounds great!

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!

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Customer reply replied 1 month ago
Let me know when’s a good time to speak and if you know a lawyer in San Diego to help
Phone call session started

Thanks again!

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Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,814
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