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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Abogado
Categoría: USA Ley en Español
Clientes satisfechos: 109283
Experiencia:  10+ años de experiencia en derecho de inmigracion EE.UU y 8+ años de experiencia en derecho general.
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I turned in my GREEN CARD on returning to the USA because I

Pregunta del cliente

I turned in my GREEN CARD on returning to the USA because I had apparently overstaid my absence. No criminal charges. I have a lawyer here who says you can apply for a re-instatement and he showed me a case he was working on to show me it is possible. I'd like to have a 2. opinion on this.
Enviada: hace 6 año.
Categoría: USA Ley en Español
Experto:  Guillermo J. Senmartin, Esq. escribió hace 6 año.
How long were you outside of the U.S.? Did you have a Re-Entry Permit? Did you take up employment outside of the U.S.? How did you get the original Residency in the first place? Please try to answer each question. Thank you.
Cliente: escribió hace 6 año.
OK, here we go. I entered the US in 1959 as a legal immigrant from Canada. In tne 60's I went back on a trip to Germany where I was born. Came back and forgot to leave the re-entry card at the Post Office as I was told to go Mexico. When I came back to the US to look at a property I had bought in Arizona and which I still own, I was told by the Immigration officer at the Phoenix airport I had overstaid my absence from the US. At that moment I didn't know what to say as I was not able to come up with some kind of a proof and thought I could do that later.Then I found that card I had forgotten to turn in. All that has been about 25 years ago. I talked to the people here atthe Consulate at that time and was told by one officer to have me redocumented but didn't quite understand it and didn't do anything about it. I am living in Mexico where a lawyer told me (as I mentioned before) that you can re'apply. Any more info you need, just contact me.
Experto:  Guillermo J. Senmartin, Esq. escribió hace 6 año.
Ok, so you had U.S. Lawful Permanent Residency before and you turned it in because essentially, you left the U.S. to live outside, correct? This makes sense so far because for a Residency, you are supposed to reside inside the U.S. This is why they call it Residency. So you left the U.S. 25 years ago and you haven't really come back since then? How did you get your Residency status in the first place?
Cliente: escribió hace 6 año.
Well, it is correct in some ways. However I have gone back to the US quite often. The last time was 3 years ago. As for your question about how I got the Residency status in the first place, go to my previous response. Came down from Canada.
Experto:  Guillermo J. Senmartin, Esq. escribió hace 6 año.
Unfortunately, that doesn't tell me much. It's not like Canadians can just come in and get automatic Residency. That's not how it works. Who petitioned for you? Were you married to a U.S. Citizen? Did you have a U.S. Citizen parent? Did a U.S. company sponsor you? Also, how have you been making your trips into the U.S.? You just use your Canadian passport?
Cliente: escribió hace 6 año.
We are not getting any closer. It's getting late and I will get back to you tomorrow night with more details as it seems to me you are not quite getting my details right. Talk to you later.
Experto:  Guillermo J. Senmartin, Esq. escribió hace 6 año.
I understand, but it's that you don't understand that you just can't come into the U.S. and ask for Residency. You have to have a basis for getting it. So I will need to know what basis you had for getting your original residency. Were you married to a U.S. Citizen? Did a U.S. Citizen parent petition for you? Did you acquire your Residency through a job or through investment? If you have a copy of your Residency card, there may even be a 3 digit designation that could let us know, like IR1 or something like that. I also still need to know what you used to enter the U.S. when you came here last. If you don't want to answer tonight, that's fine. Believe me, I want to help, but like a doctor, I have to ask a bunch of questions to get to the information that I need to be able to give you a good answer.
Experto:  Guillermo J. Senmartin, Esq. escribió hace 6 año.

I am sorry we are not understanding each other. They really are simple questions:


1) How did you obtain your Residency status? Just being a Canadian and entering the U.S. does not get you Residency status.


2) What visa did you use to enter the U.S., or did you just use your Canadian passport?

Cliente: escribió hace 6 año.
Hi, I just got back from the doctor's office and it's late. It also looks like another busy night tomorrow. Let' continue with this on Wednesday when I'll be home early. Greetings, Al Kretzschmar
Experto:  Guillermo J. Senmartin, Esq. escribió hace 6 año.
Not a problem, but I don't understand why you have to wait to answer the information that I need to be able to help you, but I will be here.
Cliente: escribió hace 6 año.
OK Guillermo, here we go. Let me tell you, I am a bit amused, when readung you questions or answer. It ssems you haven't read my first 2 mails. Where did you get the stuff with the Canadian just walking across the border saying: OK here I am.
I said I was born in Germany, emigrated to Canada and from there to the US. I am using my German Passport these days and also have legal resident papers for Mexico. That's how things stand right now and I want to repeat my initial question: is there a provision where you can re-apply for your GREEN CARD, as a lawyer here says. See my first mail also. Granted, I screwed up when I talked to the Immigration officer at the Phoenix airport as I was not aware thta I had overstaid my absence. He asked me whether i owned property in the US. Well, I did, but said NO. He would've let me in, would I have said YES. But you know hot it is in this life. Sometimes you just screw up. Ok, over to you again. I hope we are getting a bit closer now.
Experto:  Guillermo J. Senmartin, Esq. escribió hace 6 año.

That's fine that you are amused, but what amuses me is that I am trying to get a clear response from you so that I can give you a clear answer and it's like pulling teeth. It shouldn't be this hard. You say "re-apply" for a green card. You still haven't answered my first question, how did you obtain that first green card? Whether you are German or Canadian, neither can just walk into the U.S. and ask for green card status. Basically, there are 5 ways to get that status and those are the following:


1) Family - a U.S. Citizen or U.S. Lawful Permanent Resident petitioned for you.


2) Employment - A company sponsored you through a job offer or if you were nationally or internationally recognized in your field, you could self-petition.


3) Asylum - You got Residency because you would have been persecuted because of your race, religion, nationality, social group or political opinion if returned to your country.


4) Investment - You had $1,000,000 or more to invest in the U.S. and the company that you established created 10 or more jobs for U.S. workers.


5) The Diversity Lottery - You were one of 50,000 people in 1959 or so that were granted Residency through the lottery.


Now granted, in 1959 the laws might have been different and I wasn't even born back then, so I will have to do additional research on that subject, but it would help me immensely if you were to tell me, "Well, in 1959 so and so petitioned for me to get Residency." or "In 1959 I was able to apply for Residency by doing such and such."


The botXXXXX XXXXXne is that you want to know how to get Residency now and I just listed for you the 5 ways. If you do not meet any of those ways, then unless you can tell me how you original Residency status, I will not be able to do the research to tell you IF you can re-apply which I seriously doubt that you can. In the end, you most likely abandoned your Residency many many years ago. They call it "Residency" for a reason and that's because you are supposed to be residing in the U.S. to maintain it.


So hopefully we are on the same page now. Please try to let me know how you were able to obtain that original Residency status. Thank you.

Cliente: escribió hace 6 año.
Yeah, things are becoming clearer now.
I obtained the original Residency status the following way. In 1958-59 it was relatively easy. especially for people who had left the Communist East Germany. I went to the Consulate in Montreal and turned in all the necessary papers and it didn't take long to get the papers to move to the US. Went to Philadelphia as I had relatives there. Any more info you need, I am here.
Al Kretzschmar
Experto:  Guillermo J. Senmartin, Esq. escribió hace 6 año.
I am still a little fuzzy as to what basis you had for getting your Residency card. I would like to know just to have all the bases covered, but assuming that you won't really be able to tell me, we will just go forward with what is abandonment of Residency status. By moving out of the U.S. and staying out for so long and also using your passport to enter the U.S. instead of the green card, you have basically abandoned your Residency status. There is no way to re-instate it under the current law. And under the current law, there are those 5 ways that I listed to get Residency. So unless I am missing something that would allow someone that got Residency in 1959 to allow them to get Residency easily now, you don't seem to have the basis to get a new Residency. Honestly, I don't think I'm missing anything. I think what you can do is tell this attorney that you have spoken with that you want to hire him but you have asked other attorneys for 2nd and 3rd opinions and no one knows what he is talking about. You can tell him that you came to me, that I am not allowed to represent clients directly, so there is no danger of you hiring me instead of him. As such, you can ask him to give you the names of the cases that he is using to argue the case that he is working on so that I could look them up and see if it is possible. Usually legal research like that costs a $150 to $350 an hour attorney rate (which is why I can't do it for you), but if you can provide me with those cases, I will gladly take the time to read them over and give you my 2 cents on it. It sounds interesting to me and I'd like to learn something new. So let me know if that works for you, but please do not forget to click accept. We can continue to communicate without additional charge even after you do. Thank you.
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Experto:  Guillermo J. Senmartin, Esq. escribió hace 6 año.
Is there anything else that I can do for you? If not, please do not forget to click accept so that I can get credit for my assistance to you. You are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!
Cliente: escribió hace 5 año.
Oh boy, I clicked on the acceptance button before sending you my explanation to your last e-mail. please let me nkow whether you got it. If not, I will repeat it. Thanks, Al Kretzschmar
Experto:  Guillermo J. Senmartin, Esq. escribió hace 5 año.
Hello again. Like I said, I will answer some follow-up questions even after you click accept. I did not get anything. What follow-up question do you have?
Cliente: escribió hace 5 año.
Well, I get back to you later in the week. It;s late and I have to get up early in the morning.
Experto:  Guillermo J. Senmartin, Esq. escribió hace 5 año.
Not a problem. I will be around. Have a good night.