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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 124870
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 have just been refused a b1/b2 visa for USA, this is on

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I have just been refused a b1/b2 visa for USA
JA: 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: this is on the grounds I was convicted of fraud in USA when I was in my early 20s I live in uk and my fiancé lives in Cleveland
JA: Have you talked to a lawyer about the visa?
Customer: No not yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have a couple of convictions over here but again this was years ago I have been travelling on a esta for last 18 months

Hello! My name is Guillermo Senmartin and I am a licensed attorney with more than 17 years of experience. I am here to assist you with your questions. If I do not respond quickly, I promise I will be back as soon as I can. I have my own law practice and sometimes I go to court, attend my own clients, or help other customers at the same time. I could just be very busy, but I AM NOT IGNORING YOU!

 

Also, I understand you might get a prompt asking if you want to work with another expert, but just ignore it. Please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and there is no guarantee that a new expert will respond any faster.

 

Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. I am here to help.

 

Sorry for the delay. I just ask that if the answer is not good 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.

 

You probably should not have been traveling on an ESTA with such convictions. Unfortunately, all you can do is apply for the proper visa and here are the links:

 

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

https://travel.state.gov/content/travel/en/us-visas/business.html


And you would need a 212(d)(3) waiver which has no form, it is just requested verbally at the visa interview and it can either be granted by the immigration officer at the interview or after just on their computer (take a look at this link):

 

https://fam.state.gov/searchapps/viewer?format=html&query=212(d)(3)&links=212,D,3&url=/FAM/09FAM/09FAM030503.html#M305_3_3_A


And this one:


https://fam.state.gov/fam/09FAM/09FAM030504.html


You can find more information here:

 

http://www.ilw.com/articles/2003,0930-labrie.shtm

 

What else may I answer for you?

 

Customer: replied 6 days ago.
I have applied for a proper visa and that was rejected
I am trying what I do now
My fiancée is in Cleveland Ohio and with out a visa I will get to see her

Why can't she visit you? Does immigration know that you have a relationship with someone in the U.S.? Is she a U.S. Citizen or U.S. Lawful Permanent Resident?

Customer: replied 6 days ago.
She is a American citizen
Last year she went through Brest cancer
April she goes through Brest reconstruction

Ok. But immigration won't approve a visitor visa normally for someone that has a relationship with a U.S. Citizen. Why can't she file for you to get a K-1 fiance visa?

Customer: replied 5 days ago.
When you say immigration won’t approve a visa for someone dating a us citizen ?
I am trying to find a way of continuing to date her and in April I will have to help to support her as she has to have Brest reconstruction after having both breast removed last year

Ok, but if they determine that you have a relationship with a U.S. Citizen, most likely they will deny you each time you apply. If they continue to deny you, then there are three options and none are quick, unfortunately:

 

then there are essentially three ways for you to come and none are really fast, unfortunately (one if you are not legally married yet and two if you are):


1) The K-1 fiance visa takes around 9 months, but you must have met before at least once during the last two years in order to process it. The I-129F is the form that starts the process. After you enter the U.S., then you have to marry and then you have to file the I-485 (the I-130 and I-130A are not needed) and you will have to wait about 5 to 7 months and get another interview that you attend with your new spouse so that you can get Residency. Remember, to use this method, you cannot be legally married until AFTER entry into the U.S. on the K-1 visa.


2) The K-3 spouse visa takes around 9 months, you must be legally married to start this process. The I-129F and I-130 forms are what start this process. Then after you enter the U.S., you must still file the I-485 and wait for the marriage interview about 5 to 7 months later.


3) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes also around 9 months (making the K-3 almost obsolete). You must be married. The I-130 is the form that starts the process. But once you enter the U.S., you enter as a Resident and you do not have to file (or pay for) an I-485 nor do you have to attend an additional interview. You just get your green card in the mail a few weeks later.


So the K-1 and K-3 might be a little faster but generally more expensive. The CR-1 (and IR-1) be a little slower, but generally cheaper. And no, there is no middle-visa that you can use to enter the U.S. while that process is pending. You will most likely have to wait outside.


Here is a link to those visas:


http://travel.state.gov/content/visas/en/immigrate/family/fiance.html


and another link:


http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf


I know you do not want to wait. I know it is very inconvenient. I know you want to be together sooner rather than later, but I have this same conversation two or three times per day on this website. No one ever likes it and believe me, if there was an easier or faster way, I would tell you. I know you will probably say, "but what about this...?" or "but what about that...?" But I will most likely continue to have bad news for you. I am truly sorry. The problem is that the U.S. concerns over security and fraud in this area are more important than a 6 to 9 months inconvenience to you. The way they see it is that if it truly is a real relationship, it will survive that length of time apart. Again, I am truly sorry. I wish I had a faster and easier way to tell you about.

 

Also, if you have crimes that make you inadmissible to the U.S., she would most likely have to file a I-601 waiver and prove she would suffer extreme hardship if you are not allowed to immigrate:

 

https://www.uscis.gov/i-601


What else may I answer for you?

Customer: replied 5 days ago.
I said in the interview , I don’t want to live over there but it would be the other way round , I am a electrical engineer and would need to retrain and as I’m 51 would be a massive thing for me to do . Hope works for united airlines as a flight attendant and can transfer to Heathrow with absolutely no issues .
How do I file I-601
And I know it’s going to be a struggle but I know we will get there in the end and I appreciate the heads up and truth !

You don't file the I-601. She does. I recommend that if she is going to do this, that she hire an attorney to help her with the process. You can look for someone at www.ailalawyer.com.

 

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!

 

If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely appreciate it. You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to log in to your JustAnswer.com account through the app or web browser (you cannot rate through a text message reply) and scroll up to the top (or the bottom) of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. IF you still do not see the stars, at least leave me a message that says that you are satisfied with my service to you, something like, "THANK YOU!" should suffice. Thank you for your understanding.

 

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