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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 109930
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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Hi iam a 47yrs old whose been in the US for the last 20yrs

Resolved Question:

Hi iam a 47yrs old whose been in the US for the last 20yrs having come here with an F1 student visa that I overstayed.I have two kids who are citizens and every vacation they want to visit their grandma but I cant travel outside the US and be able to re-enter without getting in trouble.I have lived a crime free and paid taxes for the entire time that I have been here and I went to school and became a nurse.How do I change my status without having to go back to my country of origin,i do not know how to begin life anywhere else since I have lived most of my life here and do not want to separate with my kids[love them to death].My son is only 12yrs so he cant petition for me.What do you have in advice that will be easier to change my status.I live in fear and uncertainity regarding my life and my kids and would never imagine them living in a foster home.THANK YOU.PG
Submitted: 3 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 3 years ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one. Also, we have been having technical issues lately. If you respond and you do not see your response, please post again until you can see it because if you cannot see it, I cannot see it to respond.


Unfortunately, I do not have very good news for you. You have the following options:


1) Wait for the immigration reform that comes out. If it is approved the way that they are intending, then you may be able to get Residency if you entered the U.S. early enough.

2) Apply for Asylum (you had to have done this within the 1st year be being in the U.S. unless there is a credible excuse or changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if you fear to return to your home country because you believe that you will be specifically targeted due to your race, religion, nationality, social group or political opinion and that you run a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, you would have to prove that you have been at least 10 years in the U.S. AND you must also prove that if you are deported, a U.S. Citizen or Lawful Permanent Resident that depends upon you will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get.

3) If you marry a U.S. Citizen (for love, of course), you could file for Residency without having to leave the U.S. The same if you wait for one of your children to turn 21 and they petition for you.



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