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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Abogado
Categoría: USA Ley en Español
Clientes satisfechos: 109656
Experiencia:  10+ años de experiencia en derecho de inmigracion EE.UU y 8+ años de experiencia en derecho general.
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My husband and I have been married for 10 years now, he came

Pregunta del cliente:

My husband and I have been married for 10 years now, he came to the US illegally in 1997 got caught posted bail, but missed his deportation hearing, he was given an order for deportation, we spent a lot of money with appeals and tried to reopen his case, in 2005 he was deported, I was pregnant with our second child at that time, he came back, now we have four children one of which is Autistic, is there any help for our situation with the reform on immigration?
Enviada: hace 4 año.
Categoría: USA Ley en Español
Experto:  Guillermo J. Senmartin, Esq. escribió hace 4 año.

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

 

I need to be very clear here. So he re-entered the U.S. illegally after a deportation? This will make his options very difficult and I will explain why after you confirm this.

Cliente: escribió hace 4 año.

Yes, he re-entered illegally

Experto:  Guillermo J. Senmartin, Esq. escribió hace 4 año.

This is very bad news. Re-entering the U.S. illegally after a deportation is a criminal offense and if they catch him, it could be up to 10 years in prison. So he has to be very careful with that he does. As far as his options, he doesn't have many and none are good. They are the following:

 

1) Wait for an immigration law to come out that will help him. I have high hopes that this year or maybe the following, something good will come out.

 

2) Apply for Asylum (he had to have done this within the 1st year be being in the U.S. unless there are changed country conditions), Withholding of Removal, or Convention Against Torture if he fears to return to his home country because he believes that he will be specifically targeted due to his race, religion, nationality, social group or political opinion and that he runs a high risk of great bodily injury, torture, or death as a result.

 

3) Since he is married to you, a U.S. Citizen, he could file an I-130 here in the U.S. (which will give him no legal status), but once that I-130 is approved, really the only thing he can do is leave the U.S. and apply to come back in at the U.S. Embassy/consulate in his home country as the spouse of a U.S. Citizen. At that point, they will want to deny him because he entered illegally and stayed. So he would have to apply for an I-601 waiver (forgiveness) and to get this waiver he will have to prove that his spouse will suffer extreme hardship if he is not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because the hardship probably will need to be more than just economic hardship or emotional separation hardship. So because they are difficult to get, no one wants to risk leaving the U.S. and getting stuck outside for 10 years if it isn't granted.

 

You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.

 

http://damascus.usembassy.gov/ina212.html


and here is another link:

 


http://ciudadjuarez.usconsulate.gov/hcis601.html


And here is a link to what extreme hardship is:


http://www.ilw.com/articles/2007,0717-scott.shtm

 

And about Obama's new law, it isn't a new law. It is a new procedure but I think it could be a trap. Why? Because right now there are millions of undocumented persons in the U.S. that are married to U.S. Citizens and even have U.S. Citizen children but they do not leave because they are afraid to be stuck outside for 10 years. What has changed is that before, a person had to leave the U.S. and spend around 15 months or so while waiting for their appointment at the U.S. Embassy or Consulate in their home country and then HOPE that they got approved, but the change is that now they say that the same person can apply inside the U.S., supposedly get a pre-approval, but they still have to leave the U.S. and present themselves to the U.S. Embassy or Consulate. So why do I think it may be a trap? Because it could very easily be a way to just get those many millions of people to finally leave the U.S. and once they are outside, they can still be denied the waiver even though they have a "pre-approval". I just don't trust that. So at the very least, I would wait at least 6 months or more after they implement it (which is supposed to be in March of this year) to see how many of those pre-approvals turn out to be true approvals at the end and to see how many of those people actually come back. Here is an official link:


http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=dc9af51016bfb310VgnVCM100000082ca60aRCRD&vgnextchannel=a2dd6d26d17df110VgnVCM1000004718190aRCRD

 


Keep in mind, that in order to qualify, it is ONLY the hardship of a U.S. Citizen or U.S. Lawful Permanent Resident spouse or parent that counts. The hardship of children does not count.

 

I am truly sorry for the bad news, but the options are very limited at the moment. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

 

 

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