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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 136817
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 want to go visit the USA but I’ve been denied a esta visa

Customer Question

I want to go visit the USA but I’ve been denied a esta visa twice and told I have to wait, hope and prey for my expedited appointment to go thought asap for a non immigration visa.
JA: Just to clarify, which visa specifically are you asking about?
Customer: Well esta visa is quicker but ideally a non Immigration visa for long term please
JA: Have you already talked to a lawyer about the visa?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Will I have to pay for the lawyer/solicitor?
Submitted: 12 days ago.
Category: US Law
Expert:  Guillermo Senmartin replied 12 days ago.

Hello! My name is***** and I am a licensed attorney with more than 19 years of experience. I am here to assist you with your questions. If I do not respond quickly, I promise I will reply as soon as I can. It may take a little time to research and write your answer, I could be helping other customers, or I could be attending to personal clients as I have my law practice.

Remember, if I do not respond quickly, I am NOT ignoring you. I am here. I may just be busy. If you like, please respond that you understand. Thank you for your patience.

Expert:  Guillermo Senmartin replied 12 days ago.

Sorry for the delay. Why have you been denied the ESTA? What visa are you applying for now? What is the reason that you need to travel to the U.S. so urgently?

Customer: replied 12 days ago.
I got denied a esta visa because I answered the question about “have u stayed longer than the recommended time.” With a yes because in October 2019 I was on my way to Arizona and Minneapolis 4hrs from my destination I got sent back to the uk, because on may 2019 I believe it was I had to say longer than the 90 days mostly because my friend that I was staying with lived in upstate New York which is in the middle of nowhere with no taxis and such previous to that visit I would always have his, his mom or his friend drop me off but he couldn’t drop me off because he got called into work last minute and they were already busy. He since then has moved to Albuquerque much closer to a airport and local reliable public transport, so if he can’t take me then I can get a taxi ect. The urgency is that I’ve been dealt a very bad hand in recent years my mom had a stroke in 2016, cancer in 2018 then it came back in 2019 and she passed away on 29th of January 2021, I have no other family that talks to me except my nephews and I don’t have any in real life friends never have on a count of my serious rare condition and my social anxiety they are all in America for the most part. I’ve been trying to get my visa sorted since December 2019 and have already gotten denuded a non immigration visa but they didn’t tell me why and I’m just starting to get very scared because my illness is getting worse and I really want to see my America friends before anything bad happens since they can get here on a count of work and family.
Expert:  Guillermo Senmartin replied 12 days ago.

My condolences on your loss. Unfortunately, you need to forget about the ESTA. That will always be denied. When you overstayed, did you overstay less than 180 days?

Customer: replied 12 days ago.
I only stayed a bit longer than 90 days which is the recommended time u stay when u have a esta, because it was the esta I got taken away in October 2019
Expert:  Guillermo Senmartin replied 12 days ago.

Then you have no 3 year or 10 year bar. All you have to do is apply for a B-2 and prove non-immigrant intent and strong ties to your home since you have no penalty against you. You just have to show that you won't overstay again and you deserve another chance to visit the U.S. Here are some links that may help:

http://www.ilw.com/articles/2009,0528-schwartz.shtm

https://www.quora.com/How-can-you-prove-you-have-ties-in-your-home-country-when-applying-for-a-B1-B2-visa

https://www.us-immigration.com/blog/how-to-show-ties-to-home-country-during-a-visa-interview/

What else may I answer for you? I want to make sure you are satisfied and happy with my service to you.

Customer: replied 12 days ago.
I’ve filled out a D-160 non immigration visa document but they said because of Covid they won’t allow me to have another London embassy visa appointment till November 1st 2022/23 and I really can’t wait that long as I said in the beginning.
Customer: replied 12 days ago.
I don’t have any blood relatives in the USA just close friends but all of my family deleted and blocked me from their life’s after my mom passed away since it was just my mom and I against the world since I was 3yrs old and got diagnosed with my rare medical condition. No friends close by because if my medical condition and social anxiety
Expert:  Guillermo Senmartin replied 12 days ago.

You may contact a different U.S. Embassy or Consulate to see if you can convince them to take you for processing, but you have to have a very compelling reason for it. Hopefully your medical evidence and other evidence of urgency will be enough to convince them.

What else would you like to know? It is important to me that you be satisfied and pleased with the answers that I have provided.

Customer: replied 12 days ago.
File attached (L224TQ3)
Customer: replied 12 days ago.
Well that’s the visa info that I already put through and they said they don’t have any appointments at any of the embassies right now, there’s only 3 embassies here, London, Belfast and Edinburgh
Expert:  Guillermo Senmartin replied 12 days ago.

If you strike out at all three, you may have to try outside of the UK. Maybe Paris or Berlin or something not that far, unfortunately. The Pandemic has cause many issues with delays.

Customer: replied 12 days ago.
Yeah, I have leg problems and with my social anxiety I’d rather not go out of my comfort zone for a serious appointment incase something happens, I mean when I went to the one in London in December 2019 my friend had to fly over from Arizona to come with me and help me with a wheelchair, the only reason I’m ok when I fly to America previous is because I get airport special assistance on the way there then my friends pick me up from the airport at the other side .
Expert:  Guillermo Senmartin replied 12 days ago.

Ok. And your friends are U.S. Citizens? Also, you have provided the medical urgency evidence to the U.S. Embassy or Consulate and still no luck?

Customer: replied 12 days ago.
I just checked the Paris embassy for USA and it says on the website because of Covid people who live outside of Paris are advised to consult their local embassies so I’m not sure if they’ll let me use a one issued in pari s
Customer: replied 12 days ago.
my friends are USA citizens, I provided evidence when I was there back in December 2019 and they also saw how much pain I was in from walking a lot and standing in the long queue to get in so they knew I wasn’t lying about my illness
Expert:  Guillermo Senmartin replied 12 days ago.

Ok. Well, it seems that you are going to need help from the other side. So your U.S. Citizen friends may their U.S. Congressmen to get them involved and have their staff push the case along. Here is a helpful link to help him with this: https://www.usa.gov/elected-officials. Remember that there are three U.S. Congressmen, two U.S. Senators, and a U.S. Representative. So if one is not helpful, try one of the others. They usually have staff dedicated to issues like this. So if they get involved and pressure the U.S. Embassy or Consulate, maybe you can get an interview early. Other than that, I don't really see any other viable options since you already provided evidence of your medical urgency and that wasn't convincing enough for them.

What else may I answer for you? I want to make sure you are satisfied and happy with my service to you.

Customer: replied 12 days ago.
File attached (41V5GS4)
Expert:  Guillermo Senmartin replied 12 days ago.

It works fine for me:

https://www.usa.gov/elected-officials

But remember, THEY have to contact THEIR U.S. Congressmen. So you give that link to them. You don't do it yourself since you are not a U.S. Citizen and they won't pay much attention to you.

What else would you like to know? It is important to me that you be satisfied and pleased with the answers that I have provided.

Customer: replied 12 days ago.
Omg hold on why is there a £50 charge on my bank from this website I didn’t say yes to the phone call only to the first £5 to contact u.. I just lost nearly £2000 on flights I couldn’t use because of my visa messing up and now that’s trying to get processed what the heck
Expert:  Guillermo Senmartin replied 12 days ago.

That I cannot help you with. This site is very legitimate and they don't cheat anyone. I have been with them since 2007. But I don't see what you pay and I don't charge either. I just answer the U.S. immigration law questions. If you have an issue with payment, email***@******.***. What other U.S. Immigration Law questions do you have for me? I hope you are pleased with my service. All I want to do is help.

Expert:  Guillermo Senmartin replied 11 days ago.

I assume you have no additional questions for me.  Thank you for being a valued customer.  My goal is to provide you with excellent service – but that does NOT mean we finished if you need to continue.  If you feel you have received anything less than quality service or have additional questions, please continue to ask questions until you are satisfied as there is no additional charge for that.  For any situations in the future, please post a NEW session and remember to use FOR GUILLERMO in the message box so that no one else grabs the question.  That way, I can become your exclusive immigration consultant.  Also, I am not currently taking active cases for representation, but I am accepting certain cases for review.  If that interests you, please let me know and we can upgrade to a quick phone call for just a few dollars to discuss pricing.  I hope you continue to use Just Answer in the future.  It really is a great site where, from the comfort of your own home or office, you can communicate with experts in many different areas apart from Legal like Medical, Tax, Automotive, Computer, Electronics, and the list goes on and on.  Thanks again and good luck in all your endeavors!