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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Abogado
Categoría: USA Ley en Español
Clientes satisfechos: 108974
Experiencia:  10+ años de experiencia en derecho de inmigracion EE.UU y 8+ años de experiencia en derecho general.
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I would like to know if something that can be done in the following

Pregunta del cliente:

I would like to know if something that can be done in the following case:

A Dominican Citizen entered the US illegally on 12/2000. On November 2012 she married a US Citizen. He filed a petition on her behalf on February 2013 and the I-130 was approved on January 2014. The case was sent to the NVC for further processing on March 2014. On December 2013 the illegal spouse decided to return to her home country and wait the visa processing abroad. The AOS and IV fees were paid but unfortunatelly the paperwork couldn't be completed since the petitioner suffered a massive heart attack and died on April 9, 2014.
Does the illegal immigrant qualify to complete her immigrant visa under these circumstances?
Enviada: hace 3 año.
Categoría: USA Ley en Español
Experto:  Guillermo J. Senmartin, Esq. escribió hace 3 año.

Hello again and welcome back! Thank you for requesting me. The problem I see is the 10 year bar. Does the petitioner have any surviving U.S. Citizen or U.S. Lawful Permanent Resident relatives that are willing to sign an Affidavit of Support? Who are they? And was an I-601 waiver filed for the beneficiary?

Cliente: escribió hace 3 año.

The petitioner fill out form I-864 but I was not sent since his Income Tax Returns were not ready yet. He had US Citizen children, but don't know if they are willing to assume the role of substitutes joint sponsors. Even though with the help of his relatives, what happened with the I-601? Since they did not go to the interview yet, they couldn't file the waiver. If the petitioner dies, the one that must show "extreme hardship", it is possible to file the waiver? Is there any other way for her to obtain her residence without his husband to obtain her residence?

Experto:  Guillermo J. Senmartin, Esq. escribió hace 3 año.
So he has U.S. Citizen children, but he does not have a U.S. Citizen or U.S. Lawful Permanent Resident parent? And there is a substitute sponsor related to the petitioner that died that would be willing to file an I-864 on his behalf? And finally, was an I-601A waiver filed for him? A U.S. Citizen son or daughter can qualify under the I-601A to get him the waiver, but that is not the case for the I-601. So I think that will be the key or the downfall of the case.
Cliente: escribió hace 3 año.
The illegal immigrant is the surviving wife that decided to leave the US and return to the Dominican Republic after being illegally present in the US for 13 years. She decided to continue her process abroad, so she did not qualify for I-601A since she is not in the US. The only immediate US Citizen relative she has was her husband, the one who passed away. SHe was in the last part of the process but unfortunatelly her husband died before completing the case in the NVC. Since they could not attend their interview at the consulate she has not chance to file I-601. Even though she could find a susbtitute sponsor to complete the case at NVC and have her interview. How would she be able to file I-601 on her own? If the US Citizen tht must prove "extreme hardship" is dead, is there anything she can do to be granted a residence after 13 years of illegal presence in US?
Cliente: escribió hace 3 año.

The illegal immigrant is the surviving wife that decided to leave the US and return to the Dominican Republic after being illegally present in the US for 13 years. She decided to continue her process abroad, so she did not qualify for I-601A since she is not in the US. The only immediate US Citizen relative she has was her husband, the one who passed away. SHe was in the last part of the process but unfortunatelly her husband died before completing the case in the NVC. Since they could not attend their interview at the consulate she has not chance to file I-601. Even though she could find a susbtitute sponsor to complete the case at NVC and have her interview. How would she be able to file I-601 on her own? If the US Citizen tht must prove "extreme hardship" is dead, is there anything she can do to be granted a residence after 13 years of illegal presence in US?

Experto:  Guillermo J. Senmartin, Esq. escribió hace 3 año.

That's the problem. She cannot. She would have to have a U.S. Citizen or Lawful Permanent Resident spouse or parent as the qualifying relative. Of course, she would marry a new U.S. Citizen, but honestly I don't know how that would affect the original I-130 filed by her deceased husband. It would be an interesting case to research, but right now, as things stand, I don't think that she will be able to come back unless she does the 10 years outside of the U.S. or the law changes or she gets the U.S. Congress to approve a Private Bill. I am truly sorry. I wish I had better news for you. Please let me know if you have additional questions and please do not forget to rate my service to you positively (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. And don't forget that bonuses are always appreciated! Thank you.

 

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