How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 108681
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
9200179
Type Your US Law Question Here...
Guillermo Senmartin is online now

I was refused entry to the US 2 years ago as I went 2

Resolved Question:

I was refused entry to the US 2 years ago as I went for a 2 week job without a work visa. I am now unable to apply for an ESTA and am concerned about future entry to the US.
I work as a film director and I want to make sure that this does not affect my ability to work there in the future. The company that contracted me for the job said they would try and help with my situation. What can they do to help? Perhaps if they were to get a legitimate work visa for some job in the US, this might help me in the future?
What can I do?
Many thanks
Ben
Submitted: 1 year ago.
Category: US Law
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. Did they discover that you were coming to work illegally? Did they ban you for 5 years or let you withdraw your request to enter? Also, what level of education do you have?
Expert:  Guillermo Senmartin replied 1 year ago.
Did they discover that you were coming to work illegally? Did they ban you for 5 years or let you withdraw your request to enter? Also, what level of education do you have?
Customer: replied 1 year ago.
Hi Guillermo. Yes, they discovered at customs and I was sent back on the next plane. I was told I was no longer eligible for an ESTA and that I would require a visa for all future travel to the US. I was "inadmissible pursuant to section 212 (a) (7) (A) (i) (I) if the Immigration and Nationality Act as amended". I wasn't banned for 5 years. I am a University graduate.
Expert:  Guillermo Senmartin replied 1 year ago.
Ok. If you are sure that you were not excluded for 5 years, then you should not need a waiver to come back to the U.S., but you are correct that you can no longer qualify for an ESTA. You would have to apply for a B-1/B-2 visitor visa if you want to visit. Here is a link: https://travel.state.gov/content/visas/en/visit/visitor.html Whether you apply for a B-1/B-2, F-1 student visa, J-1 exchange visa, and most other non-immigrant visas, you would have to prove non-immigrant intent and not only that, but that you would not be working in the U.S. meaning that you have a great job in your country that you aren't easily going to abandon. If this fails, there are certain visas that allow dual intent meaning that you can have the intent to immigrate. The H-1B professional visa is one of those, and so is the L-1A intercompany transferee. Another is the O-1 extraordinary ability visa if you are nationally or internationally recognized in your field. I would say that most film directors of caliber go for to O-1B visa. Here is a link to that: https://www.uscis.gov/working-united-states/temporary-workers/o-1-visa-individuals-extraordinary-ability-or-achievement Some may try for a P-2 or P-3, but those are usually artists and entertainers. Here are some links: https://www.uscis.gov/working-united-states/temporary-workers/p-2-performer-or-group-performing-under-reciprocal-exchange-program/p-2-individual-performer-or-part-group-entering-perform-under-reciprocal-exchange-program https://www.uscis.gov/working-united-states/temporary-workers/p-3-artist-or-entertainer-part-culturally-unique-program/p-3-artist-or-entertainer-coming-be-part-culturally-unique-program So there are options, but they are limited especially if the idea is that you want to work in the U.S. The J-1 exchange program could probably work, but the company that wants to hire you has to qualify as a program and be careful because many J-1 visas require that you go home for 2 years after you are done. Here is a link: http://j1visa.state.gov/programs/ 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.
Thanks Guillermo.
Am I right in thinking that a work visa for a commercial work involves quite lot of time and expense for the employer?
Is it relatively easy to gain entry if making a film for journalistic or charitable purposes?
I am freelance so proving I have a steady job to go back to might be difficult, but I do have family, so perhaps that would help?
I don't have any intention to work over a prolonged period, but I do want to be able to accept short term projects that come my way! My understanding is that for smaller jobs, companies often feel that an official work visa simply isn't worth the effort or expense.
Is there anything that my previous employer can do, as they were somewhat responsible... could getting a temporary work visa for me, help for future engagements? Is there such a thing as a 3 year work visa, even if the initial engagement is just for a week?
My cousin also has a company in the States. Would he be able to procure a work visa for me to work for him without incurring great expense?
Many thanks
Ben
Expert:  Guillermo Senmartin replied 1 year ago.
You are correct. It is an expense and time consuming for the employer. The idea of the regulations is that the U.S. wants to make sure that U.S. workers are put to work first and do not lose out on job opportunities to foreign labor. You can come to attend a festival or lecture or something like that, but not to work for ANY type of compensation. Here is a link to things you can do on a B-1, for example: https://travel.state.gov/content/dam/visas/BusinessVisa%20Purpose%20Listings%20March%202014%20flier.pdf So no, unfortunately, you won't be able to freelance in the U.S. nor accept anything that comes your way for any type of compensation while you are in the U.S., at least not on a B visa. If your previous employer wants to help you get an H-2B or J-1, they are more than welcome to do so, but there isn't any other type of visa that you can just come and take on work as it comes. As far as your cousin goes, it's the same thing as your previous employer or any new employer. They have to file for you to get an H-2B or J-1. I am truly sorry. I wish I had better news for you, but the options are very limited when it comes to work visas to the U.S. 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!
Customer: replied 1 year ago.
Thanks. Are the rules any different or easier if the work is for a journalistic or charitable purpose? I understand that the rules might be slightly different in that case?
Expert:  Guillermo Senmartin replied 1 year ago.
For an H-1B professional visa, it may be easier, yes, but that's only because one can apply any time during the year and not be subject to the visa cap each year. Those are not necessarily charitable organizations, but institutions of higher education or affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. I think the best way for you to do what you want to do, you will still have to sacrifice. You either do a J-1 that may require you to go home for 2 years at the end, but at least you can work while on the J-1, or you can do an F-1 student visa and get into a film making program, then through that program you may be able to get work authorization after a certain amount of time or after graduation and maybe that can also lead into an H-1B and/or green card. Let me know if you need anything else, but please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are NOT charged again and we do NOT finish just because it says, "Rate to finish" or something like that. I will not abandon you after you rate me positively if you have additional questions. 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 for your understanding!
Expert:  Guillermo Senmartin replied 1 year ago.
Hello Ben. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo Senmartin replied 1 year ago.
Hello. 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 1 year ago.
Thank you Guillermo. Sorry for temporary silence, but I had a sick family to deal with! Is there nothing that the previous employer can do for me? They are very large and have resources. I have someone there who is willing to help, but they are asking what they can do, but I am not sure what to tell them...
Expert:  Guillermo Senmartin replied 1 year ago.
No problem, Ben. I hope your relative recovers quickly. Just please remember that I am not given a salary to be here, so all the time I have spent explaining things to you, I have not been compensated for. If you have worked for that previous company for one year out of the last 3 years, and they have a branch, affiliate, parent, or other such related entity in the U.S., you may be able to qualify for an L-1A executive or high level manager intercompany transferee, or L-1B specialized knowledge employee visa. Here are links to those: https://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager https://www.uscis.gov/working-united-states/temporary-workers/l-1b-intracompany-transferee-specialized-knowledge 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!
Customer: replied 1 year ago.
Thanks. I don't think this would work as I only work on a freelance basis for them and all my other employers. It sounds as if there is nothing I can really do, other than try and get the relevant visa when the next holiday or work opportunity in the US arises.
Expert:  Guillermo Senmartin replied 1 year ago.
Yes, I agree. The options are very limited because the U.S. wants to protect the U.S. work force. However, I think you should not give up on the J-1 exchange visa. You may be able to find a program eligible. Also, the F-1 to study is possible and then you could do Optional Practical Training (OPT) which allows you to work. So there are some limited possibilities. Let me know if you need anything else, but please do not forget to rate me positively. Thank you!
Guillermo Senmartin and other US Law Specialists are ready to help you

Related US Law Questions