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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 107975
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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My 9 yr daughter has recently moved to her father in VT USA.

Resolved Question:

My 9 yr daughter has recently moved to her father in VT USA. His wife an american citizen is sponsoring her Greencard as she did our other 2 kids back in 2014 (Teen boys x 2) I have been in a custody process whereby we have joint custody and have just signed an agreement where her holidays to me in the uk are decided. It appears that they started a Greencard process for her in August before we signed the agreement on Monday. My ex now is not permitting her to travel to me in the uk for midterm based on this application. Can an application be paused based on her having to travel to me in the Uk for mid-term and also christmas break? Can they re-apply in January when she returns from UK to US? Does an application for a Greencard require the mothers signature? Would love some clarification - Huge thanks in advance
Submitted: 8 months ago.
Category: US Law
Expert:  Guillermo Senmartin replied 8 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 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.

She needs an Advance Parole to come back into the U.S. after starting the GC process. If she leaves without it, she will be stuck outside for 6 to 9 months because they aren't allowed to let her back in on an ESTA Visa Waiver since she has immigrant intent. When was the I-485 filed for her?

Customer: replied 8 months ago.
Hi, Guillermo, My ex's lawyer states the process was filed in August. Exact date I do not have. Lets say end of August. What's required for an advance parole? Thank you.
Expert:  Guillermo Senmartin replied 8 months ago.

You have to ask if an I-131 Advance Parole was also filed. That will take around 3 to 5 months to get an approval. She cannot travel until the Advance Parole is approved or as I said, she would abandon the I-485 and would get stuck outside of the U.S. for 6 to 9 months or more. So maybe by November or December she will have the Advance Parole. They can try to expedite it, but it is not easy. Here are two links:

http://www.uscis.gov/forms/expedite-criteria

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume1-PartA-Chapter12.html

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.

Customer: replied 8 months ago.
I have just been informed by my ex that :The application for “Advance Parole" or "Form I-131 - Application For USCIS Travel Document” was received by the USCIS on August 24th.Why is it an application for a GC can be made without the consent of the mother?
Expert:  Guillermo Senmartin replied 8 months ago.

Most likely because she is already inside of the U.S. and to get in she would have had to have had permission from you. Immigration should ask for evidence that you have consented to her immigrating. If you like, you can report to them that you have not given permission for this. You can call the USCIS Customer Service number at 1-***-***-**** to report it and instructions from there.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Customer: replied 8 months ago.
I have not consented to my daughter immigrating as we are still in a legal process. Neither has the court made a ruling. Is this appliance with immigration rules? I ask because I'm cautious as to calling USCIS customer services - my daughters happiness is paramount - but her dad is trying not for me to have access and acting like he has sole custody of my daughter. The following is the response from his wife when I asked her what evidence the had given USCIS as to my consent - I think they have pretended that she is legal guardian (which she's not) in her application. They refused to give copies of their application :" Your “consent” was understood given the legal interim verdict from the Swedish court authorizing (daughter's name) to live here. In order for Alexandra to remain in the United States beyond 90 days, she required a green card. As told to you previously when you were visiting in August, there is not an authorization from you necessary, to my knowledge, to have to sign. Both (Son 1) and (Son 2) green cards were processed in the same manner. "(Son 1) I consented to but (Son 2) was unsure whether he wanted to move to the states or not, so I did not consent till he decided but they managed anyway to get greencards for both - Can this implicate their application - can I stop it do you think?
Customer: replied 8 months ago.
She did not need to live in the States for more than 90 days in one go as she would have travelled to the UK to me within the limit. An interim decision by the Swedish court (my Ex is Swedish) said my daughter was to live with her brothers and father until an agreement was decided upon between us and/or a final ruling made by the Swedish court.
Customer: replied 8 months ago.
Expert:  Guillermo Senmartin replied 8 months ago.

If there is no final order from a court granting permission to immigrate and there is only a temporary order allowing for visitations to the U.S., the yes, you can stop the green card process and USCIS will require a court order from a judge with jurisdiction over the case in order to approve the green card. If the green card was already approved, it could be revoked.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 8 months ago.
Hi, I want you to know that there is an ongoing process here - I will definitely submit my rating once we're done. My next question is - if my ex and his current wife the GC sponsor have not listed me as guardian or requested my consent and I try to revoke their application - what implications has this on their application. If the USCIS deem the application invalid or if it is revoked what does it mean for my daughter? And I insist that she travels to me in the UK - When if at all can she travel to see her dad in the US? I have tried to contact customer services at USCIS but it's out of hours and will not have an answer till I can get hold of them on Monday am. With what I've outlined to process to be and having received responses from my ex to the effect that they did not know my consent was required - do you think the application will be revoked. Do they, USCIS need the application number?
Expert:  Guillermo Senmartin replied 8 months ago.

Well, they will investigate for other fraud in the case to see if there is something that they can deny him for, maybe some other fraud or misrepresentation. If there is none, then his case could proceed as normal. As far as your daughter's process, if you revoke consent, then they are not supposed to approve it. Your ex would have to get a court order granting custody and permission to move forward with the immigration process for your daughter. As far as your daughter visiting, she probably will not be able to once the immigrant process is stared because one is supposed to have non-immigrant intent to use the visitor visas. And as far as contacting USCIS, it is probably better to have the application numbers and such, but they may be able to locate the file with other information that you give.

Expert:  Guillermo Senmartin replied 7 months ago.

Hello Audrey. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Customer: replied 7 months ago.
Hi G,I just spoke with USCIS and unless I am the applicant they will not entertain me. The advise I have been given is to contact my local American embassy. In my case in London. How can someone apply with out written consent from Both legal guardians of the child? So frustrated I cannot collect my daughter on the 7 Oct to return with her for her holiday to the UK!!!!!!
Expert:  Guillermo Senmartin replied 7 months ago.

They aren't supposed to. If you send a written letter signed and notarized that you are NOT giving consent, that should prevent USCIS from granting final approval of the green card, but you should also get a court order as well enjoining USCIS from approving the green card. So I would contact the family court judge and get an order as quickly as possible.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is scroll to the top of the page or click on my name and they will come out. Thank you for your understanding.

Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 107975
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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