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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 109303
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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Application for US vistor visa and edcuation visa after

Resolved Question:

Application for US vistor visa and edcuation visa after receiving a 212a7Bi11
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: My daughter and I tried to enter the US under the Esta programme as we are both European citizens for her to attend high school and me to help settle her in We were under the missundertsnading that the school could resolve the visa issue once my daughter arrived. Not having return tickets and having no such education visas we were delined enrty and had our Esta privelidges revoked and were told we need to apply for the appropriate student and visitor visas at our local embassy. We are wondering how this will effect our applications
Submitted: 11 months ago.
Category: US Law
Expert:  Guillermo Senmartin replied 11 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.

Did you receive a 5 year ban or you were just allowed to withdraw your request to enter?

Customer: replied 11 months ago.
From what I understood the ESTA privileges have been permanently withdrawn and we have been guided to our local US embassy to seek the appropriate student and visitor visa. The school in Arizona has already re issued the I-20.
Additional background info- my wife of 6 years is American and currently works at he school where my daughter was hoping to attend. She has also applied for a spouse visa for myself though this has yet to be processed/granted. I had just come from visiting her and was returning to see about getting my daughter into shcool.
Customer: replied 11 months ago.
Hi Are you still there???
Expert:  Guillermo Senmartin replied 11 months ago.

Sorry about the delay. I am a practicing attorney and we experts do this on our spare time. I had to run to court but now I am back. Anyway, an I-130 has been filed for you? When? Also, was your daughter born to this marriage? Has she explored the possibility that she may be a U.S. Citizen through her mother?

Customer: replied 11 months ago.
Ok - good to know I though we had lost contactMy daughter is french and not my wifes child - she is her step mum. My daughter already has an I-20 which is being fedexed and should arrive shortlyMy wife originally filed in Febuaray but the paperwork was returned due to a box not being initialled and was resubmitted in July. We now have acase number ***** have been told it is active and should await more information in the post but nothing has come through
Expert:  Guillermo Senmartin replied 11 months ago.

The problem is that you won't be approved for a visitor visa if you have an I-130 pending. You will have to be patient and wait for the immigrant process. Has your spouse filed an I-130 for your daughter?

Guillermo Senmartin and other US Law Specialists are ready to help you
Expert:  Guillermo Senmartin replied 11 months ago.

Good speaking to you. Here are 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

Here are the two links for expediting:

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

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

I hope they help! Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!