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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 124890
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 a question about USA Immigration Law. I was stopped

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Hi, I have a question about USA Immigration Law. I was stopped at Dublin Airport while travelling to Vegas on a holiday (with all the correct documentation) because I was travelling with '2 bags'. I was then abused, manipulated and called a liar by the US Immigration Officer. I absolutely do not want to live in the USA, just a holiday because my family lives there. I was denied boarding on my flight and now I can no longer travel without restrictions. Do you know how to appeal against Homeland Security? I have an 8 page statement and proof that I was not intending to live in the 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: I live in Ireland as an Irish citizen. I have sent a letter to the US Embassy but no reply. No lawyers in my town will help me as it's 'USA Immigration and they can do what they want and get away with it'. I have no idea what to file or how to do it
JA: Have you talked to a lawyer about this?
Customer: No, I've tried. But lawyers don't want to speak with me because it involves the USA immigration department. I have proof that I'm innocent but they won't even look at it
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that should be fine. I have written an 8 page statement that has everything they will need
Customer: replied 6 days ago.
I also live in the Republic of Ireland, I'm not sure why the page says South Africa Law. I definitely live in Ireland, am an Irish citizen and was stopped at Dublin airport. If that helps at all
Customer: replied 6 days ago.
Do I need to send through anything? Or more information?
Customer: replied 6 days ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 6 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

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!

 

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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.

 

I'm sorry that this happened to you. Here is a link where you can lodge a complaint:

 

https://www.dhs.gov/dhs-trip

 

What else may I answer for you?

Customer: replied 6 days ago.
Thank you for sending that through! I was wondering if I could send you my statement? And that way you will have a better idea of if I have a case?

You want me to review an 8 page statement? That's a little much for the $20 or so I would earn.

Can you give me a synopsis of what your statement will say and how you will prove the things you state?

Customer: replied 6 days ago.
Sorry yes, it is a little long! The synopsis would be that I have family living in Las Vegas who own a dance school. For almost a year now I have posted (erratically) on social media for them. Immigrations claims that is 'work' and that me staying with my family is seen as payment. They found messages on my phone of me calling it work but that is only because it is easier than me saying 'volunteer' or 'helping out' when speaking with friends who already know of the situation. The woman absolutely took my messages out of context and ignored the hundreds of other messages saying that I will be leaving Vegas and of course that I receive absolutely no money for social media. Also she said that having my birth certificate in my bag is proof that I intend to work in Vegas but I always carry that in case of emergency
Customer: replied 6 days ago.
I had a flight out of Vegas. I also travel to the USA every year and always leave well before my allotted time is up. I've never stayed in America longer than allowed

It's not really normal to carry a birth certificate. That's normal when one is planning to immigrate. What overwhelming evidence will you provide that they got it wrong?

Customer: replied 6 days ago.
I have a letter from the dance company that states I have never worked for them and that I will never work for them. Also, that I what I do is not even really work. I also have a university degree that will require me to be back in Australia for placements at the end of the year. I don't see why carrying a birth certificate is wrong? I always take important documents with me whenever I travel

A letter from the company that your family owns? Not really overwhelming. And I didn't say carrying a birth certificate is wrong. I said it is nor normal. It is normal to have one with you if you plan to use it to immigrate. That's what is seen as normal. It seems to me that you are sort of the victim of a perfect storm, so to speak. If it had ONLY been that you had the birth certificate and nothing more, I think that would have been ok, but since there was also evidence that you had been helping your family promote their business, that's what ended up causing this issue. Honestly, I don't think you have a good chance to convince them otherwise, but you should certainly lodge the complaint. I can provide you with what to do to get a new visa if you like.

Customer: replied 6 days ago.
I also recently been to Cuba over NYE and had in my bag some books and photographs on the Cuban revolution because I am writing a novel set in revolutionary Cuba. That raised a lot of eyebrows and they didn't seem to like that I had those materials. Is it a good okay to character statements from the people who know me stating that I would never want to live in the USA?
I'm in the process of lodging the complaint right now but for the moment I might leave the VISA and focus on clearing my name
Customer: replied 6 days ago.
Sorry, ***is it a good idea to have character statements?

They can help. In the end, you will probably need a new visa and a waiver, but you should certainly try to clear your name.

Customer: replied 6 days ago.
Okay thank you, I will get onto collecting those! Have you heard of cases where people have been proven innocent in situations like this? I absolutely had no intentions of staying in the USA, it was just a holiday so I'd like to everything I can to show that I'm not guilty

I think in almost 18 years of practice I recall having heard of one such case. Very rare. I wish I had better news.

 

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!

 

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Customer: replied 6 days ago.
No, you’ve been very helpful thank you! It’s a shame that there isn’t a higher success rate but I’m getting character references at the moment! Should I require any further help I will definitely contact you. Thanks again!!

You are very welcome, but PLEASE do not forget to rate me positively or at least leave a "thank you" so that I can get credit for my assistance to you. You can leave a positive rating by logging into your JustAnswer.com account through the app or web browser (you cannot rate me through a text message reply) and clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You may have to scroll up to the top (or the bottom) of the page to see the stars/smiley faces. If you don't see them because perhaps you are replying by texts, then try logging in to the application or your account by a web browser and clicking on my name and they should come out. Since I am NOT given a salary, it is the only way the website will compensate me. You are NOT charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!

Customer: replied 6 days ago.
Of course, I will give you a rating that’s no problem at all!

Sounds great. Let me know if you have any issues putting that through because it doesn't seem to have gone through yet. Thanks again!

Guillermo Senmartin and 2 other US Law Specialists are ready to help you

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!