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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 108034
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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I lived in america year between 2012-2013. i

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hello. i lived in america for one year between 2012-2013. i had a 90 day travel permit. i overstayed that by less than a year. i got a three year ban. my ban is up this summer 2016. after i came back to ireland (this is where i am from) i found out i had a daughter. she is two now. she has come visit me with her mom twice is the last two years but as you can imagine i am very keen to get back to america asap. i need advise what to do now that my ban is nearly up. could i get a visa now due to me having a US born daughter or will i have to wait till the ban is over ? and when the ban is over what visa should i apply for ?? your help is needed
Submitted: 1 year ago.
Category: US Law
Customer: replied 1 year ago.
***@******.*** is my email
Expert:  Guillermo Senmartin replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 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. You will find it difficult to get any non-immigrant visa because of your previous overstay. What level of education do you have? Do you have money to invest? How much?
Customer: replied 1 year ago.
i finished high school but did not go to collage. but last year i started my diploma in nutrition. so even after my ban is finished they wont give me visa ?? what you recommend to do. i need to get back to boston asap. i have missed two years of my daughters life already so as you can imagine am very keen to get back, am not sure what you mean. when you ask do i have money to invest ?
Expert:  Guillermo Senmartin replied 1 year ago.
The problem is that they will not easily grant you a non-immigrant visa again because of your previous overstay. While they will not automatically deny you after your 3 year ban, the likelihood of approval is low. They just won't believe that you will respect the visa that you are given and go back home on time especially if you have a daughter born in the U.S. You can try, but it will be difficult. I will provide you with two links that may be helpful. The first is to an article that will explain what they look for when issuing a non-immigrant visa like the B-2. The second is a list of things that can be presented to prove non-immigrant intent and the strong ties to the home country. http://www.ilw.com/articles/2009,0528-schwartz.shtm https://help.cbp.gov/ci/fattach/get/46680/0/session/L2F2LzEvdGltZS8xMzk3NDE3MzcxL3NpZC85M1BEQ0lSbA==/filename/Intentions+and+Ties.pdf If you are denied, you can try again a few months, maybe 6 months or more later. The fact that you have a daughter that is a U.S. Citizen will not help you, not until she turns 21 and can petition for you. Once you finish your 4 year university degree, you could try for an H-1B professional visa because that one allows immigrant intent, so it should not be such a big issue that you overstayed before and could be a risk of overstaying again. For the H-1B you need to get a job offer. The job offer must be for a company that is offering a position that is related to your degree and experience. The position must normally require a bachelor's degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay you what is normally paid to someone in that position. Also, because they are used up for this year, you will need to apply on April 1, 2016 to start working on October 1, 2016 or later. The exception is if you apply for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap. Here is an official link to the H-1B: http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models If you have $100,000 or more to invest in a business and perhaps you also own a business outside of the U.S., it opens up some more possibilities with the L-1A and E-1 and E-2 visas, but if you don't, then the options are limited. 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! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** 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. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 1 year ago.
ok so my chances of geting visa are small. so what about when my ban is over can i visit on vacation ??
Expert:  Guillermo Senmartin replied 1 year ago.
You need a visa. You cannot use an ESTA ever again because of your overstay. So you have to apply for a visa. A non-immigrant visa that requires non-immigrant intent would not be easy to get. That would be the B-2 visitor visa, the F-1 student visa, the J-1 exchange visa, the M-1 student visa, etc. The ones that might be easier to get are the L-1 visa, the O-1 extraordinary ability visa, the H-1B professional visa, and to a certain extent, the E-1 and E-2 investor visas. 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. Thank you!
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 108034
Experience: Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
Guillermo Senmartin and other US Law Specialists are ready to help you
Expert:  Guillermo Senmartin replied 1 year ago.
Thank you for the positive rating. If you would like to request me in the future, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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