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Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 114876
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 applied for a US visa two years ago to go and do a

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hello, I applied for a US visa two years ago to go and do a teacher's training in NY upstate. I asked for a visitor visa and was refused as was told it's against the law to do a training leading to a certificate with a visitor visa. I need a visa to go to the next training in March 2019, this is a private training that gives a licence to start business. I am unemployed, 57 French National residing in the uk since 1984. I do not have official Ties such as employment, mortgage, my child is an adult and I am not married... I couldn't determine which visa I should ask for... What are my chances to obtain a visa this time? I wouldn't say that I am doing a training as it makes the whole thing a lot more complicated.
Assistant: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I live in London, french citizen, UK resident
Assistant: Have you talked to a lawyer about the visa?
Customer: no
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I do not think so

Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

There are 4 visas available that might fit, but you have to look at each one and compare it to what you need and then ask me questions about it:

1) The F-1 student visa and the M-1 student visa (these count as two of the four that I mentioned). These are the most common. Here are some links:

https://travel.state.gov/content/travel/en/us-visas/study/student-visa.html

https://studyinthestates.dhs.gov

2) The J-1 exchange visa:

https://j1visa.state.gov/programs/

3) And finally, the H-3 trainee visa:

https://www.uscis.gov/working-united-states/temporary-workers/h-3-nonimmigrant-trainee/h-3-nonimmigrant-trainee-or-special-education-exchange-visitor

You let me know which one you think might fit and we an explore it. I do have to warn you that the place that you take the course will probably have to become registered with immigration, so it may require the to do certain things that they might not be willing to do just to take on one student, or they may already be set up to take on international students.

Guillermo Senmartin and other US Law Specialists are ready to help you
Customer: replied 1 month ago.
Hi Guillermo,
Thanks for your response, I have already thoroughly explored all the visa options after my denial, and even went onto blogs about the H-3 and mentioned that to the training body, however, found out that they are not a formally registered vocational school or university in the USA... To be clearer, this is a dance and movement practice, 5Rhythms, that exists worldwide and originates from NYC, Gabrielle Roth is the founder. There is a growing number of similar practices and mostly people go and dance. Those exploring the more advanced stages of this practice and wanting to go onto the Teacher Training need to attend 3 modules in the year of training, of 10 days each, 2 in the US, and one in Croatia. The first is taking place in Garrisson institute in NY upstate in March.
At the embassy, I was told I should have asked for a student visa, but we do not enter that category at all.
Attendees to the teacher training usually go with an Esta which I should have applied for in the first instance, or with a visitor visa. Garrisson institute is renown for holding all kinds of spiritual and meditation retreats, couldn't I just try saying I am attending a workshop? I would only be going for a maximum of 13 days, and again 2 weeks the following year in April 2020, this time in Utah.
I had a look at your third option and unfortunately again, there is no matching category as I am not currently a working professional and have no affiliations to any professional bodies. I have ties which are family, my son, grand-daughter in London and my mother in France who is 87, on her own and has increasing dementia, demanding me to be near.
What would you advise me to do, and would I need an attorney to support my application. Would I even pass the online application?
Customer: replied 1 month ago.
Would it be possible to get a call tomorrow morning as I will not be available anymore today?
Customer: replied 1 month ago.
Hello,
Am I likely to be getting a call today or anytime from a US law specialist? I was prompted to pay to discuss over the phone and I would like to get an update on the progress. Thank You

Hello. I was hoping someone else would accept the phone call request, but since they didn't, it's probably because they think the same as what my opinion is which is that there isn't anything that you can do unless you can get this company to go through the process of becoming a certified school or program. Here is the link for the school to start the SEVP Certification Program for you to be able to get an F-1 or M-1 visa:

https://studyinthestates.dhs.gov/getting-started-with-sevp-recertification

And for you to get a J-1, the school has to go through a different process:

https://j1visa.state.gov/sponsors/

Having a phone call isn't going to change this reality, so I don't think I will have much to add, but since you have been waiting so long, I accepted it. Let me know when is a good time to call you. Please remember I am on EST in the U.S., so like New York time. 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!

Customer: replied 1 month ago.
Ok then thank you very much
I wish to cancel the phone request and obtain a refund

A refund for just the phone call upgrade, correct?

Customer: replied 1 month ago.
that’s correct
I was prompted to upgrade to a phone call and now do not see the point. Thank you

Ok. Not a problem. I will take care of that for you. Thank you.

Customer: replied 1 month ago.
Thank you so much

My pleasure!