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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 109654
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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There. I am Venezuelan/Italian i went 2 weeks ago to renew

Resolved Question:

Hi there. I am Venezuelan/Italian i went 2 weeks ago to renew my usa visa and it was refused under section 214b, the consular officer never asked me to proved my ties to the uk, she just looked at my previous trips to amercia and told me that i will recieved my passport in a week, days later i checked online and my visa was refused, for my surprise when my passport came she even cancelled my visa, so now i am not able to travel to the usa. My husband days before i knew my visa was denied requested the ESTA for him and for me. I have being doing some search and i think that traveling with the ESTA is not a very good Idea. I apply again for the Visa, I am doing the correct thing? please help
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. Where do you actually live most of the time? And how many trips to the U.S. have you taken in the last 2 years? And how long have you stayed each trip?
Customer: replied 1 year ago.
Hi Guillermo! Thank you for your help! I live in the uk, I have a job, a mortgage and a baby in here! In the last 2 years I have being in the USA 5 time, 3 of them were transit throug my country (venezuela) were all my family live 1 was for 10 days because I went to a weeding and the other one was for 4 days I went to buy all the clothes an stuff for my baby! I am really surprise to be refused on a visa I had always have a USA no immigrant visa and I never overstay in the USA!
Customer: replied 1 year ago.
When I went to the interview the consular officer never asked me my ties to the uk! She was more focus on the amount of time I I went to the USA! I used to live in Canada ( studying English) and on that time I used to go to different cities of the USA for tourism! And almost all the time for transit
Expert:  Guillermo Senmartin replied 1 year ago.
Ok. But what has been the total amount of time you have spent in the U.S. over the past 2 years?
Customer: replied 1 year ago.
5 times!
Expert:  Guillermo Senmartin replied 1 year ago.
I know. You said that already. I need to know the TOTAL amount of DAYS that you spent in the U.S. So add all the days during the 5 trips. How much TIME in days or months did you spend in the U.S. during the last 2 years?
Customer: replied 1 year ago.
21 days in total!
Expert:  Guillermo Senmartin replied 1 year ago.
Then I agree with you. I don't see why they should have denied you. Unfortunately, there is no appeal process for that since no one has a "right" to an immigrant visa. All you can do is apply again. Generally, they like for you to wait for 6 months after denial before applying again. You can apply now, but unless you have a very strong case and as long as you don't need to travel to the U.S. anytime soon, I would wait at least 6 months before applying again. 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 provide enough solid evidence, you should be approved. Yes, I know that they didn't really look at your evidence previously, but the next time, if that happens, ask to speak to a supervisor. Do not be rude, but be pleasant and firm about it. And yes, traveling with an ESTA will not work for you. You are not supposed to use an ESTA if you have been denied any visa in the past which you have. So just apply for the B-2 in around 6 months. 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.
Expert:  Guillermo Senmartin replied 1 year ago.
Hay algo mas que puedo hacer para usted? Si no, por favor de no olvidarse de dejar una opinion si la respuesta fue util. Si no deja una opinion positiva, entonces no me dan credito por ayudarle. No le cobran de nuevo y podemos seguir hablando sin cargos adicionales si usted tiene otras preguntas. Tambien, le pido que entienda que a veces la ley no tiene solucion y que si la respuesta es verdadera, la verdad siempre es util. Gracias!
Customer: replied 1 year ago.
Hola gracias por toda tu ayuda! Desafortunadamente debo aplicar nuevamente ya que tengo todo mi viaje pago para abril! Nunca pensé que mi vida fuese negada!
Expert:  Guillermo Senmartin replied 1 year ago.
Entiendo. Si tiene que solicitar ahora, entonces adelante. Ya sabe lo que tiene que comprobar. Si se lo niegan de nuevo, entices deberia esperar para solicitar una tercera vez. Avise si tiene algunas otras preguntas y por favor de no olvidarse de dejar una opinión sobre mi servicio a usted, no el estado de las leyes. Es la única manera que el sitio me paga. A usted no le cobran de nuevo. Gracias.
Guillermo Senmartin and 3 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!