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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 139307
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 need a lawyer from The USA to help me with my USA special

Customer Question

Hello I need a lawyer from The USA to help me with my USA special immigrant case
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 want it for the USA
JA: Have you talked to a lawyer about this?
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: no
Submitted: 8 days ago.
Category: US Law
Customer: replied 8 days ago.
My main question is this, I have applied for the I-360 form as an Afghan national, for the special immigrant visa back in 2021, I have followed the guidance provided to apply, after many many months of following up this case I have received an official letter from the USCIS regarding the decision with my application, I need help understanding what exactly they are trying to say.
Customer: replied 8 days ago.
File attached (347ZZZP)
Customer: replied 8 days ago.
This is the document ☝️☝️☝️
Expert:  Guillermo Senmartin replied 8 days ago.

Hello! My name is***** and I am a licensed attorney with more than 20 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. Also, the system may send a message asking if you want to upgrade to a phone call. That is automated. You can ignore it if you like and continue here for no additional charge, or if you find it easier to speak, upgrade as it is usually worth it.

Remember, if I do not respond quickly, I am NOT ignoring you. I am here. I may just be busy. I am confirming by this response that I did receive your question, but if you want to make sure that this session doesn't escape my notice, just send me a short reply. Thank you for your patience.

Expert:  Guillermo Senmartin replied 8 days ago.

Sorry for the delay.  Unfortunately, it is a denial.  They said that they sent you a Request For Evidence (RFE) on 10/07/2021 asking for additional evidence, supposedly they wanted an approved letter of recommendation from the Chief of Mission and you most likely have 80+ days to respond but you never did.  If you didn't get that RFE, you have 30 days to file an I-290B and provide a signed and probably notarized statement that you never received it and you will need to provide that letter from the Chief of Mission.

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

Customer: replied 8 days ago.
Could you expand on the process of filing out the I-290B, what steps are required, what are the possible outcomes after doing so, and also…
Customer: replied 8 days ago.
As I am a WIDOW, who’s HUSBAND has served on behalf of the US government, how am I meant to request for the CHIEF OF MISSION APPROVAL, is there a special route or guidance per say,
Customer: replied 8 days ago.
I appreciate your time and effort, I am a widow of Afghanistan, as you know there is very little financial security for me and my children, even after a lengthy years wait I am still not progressing in the case, I would highly appreciate if you could assist me to the best degree
Expert:  Guillermo Senmartin replied 8 days ago.

I have done a little research and I cannot find that the widow of a Primary Beneficiary in this category that has NOT be approved yet for the category can move forward without the Primary Beneficiary.  But here is a link:

https://travel.state.gov/content/dam/visas/SIVs/Afghan%20SIV%20Guidelines%20and%20DS157%20Instructions_July_22.pdf

IF you can get that letter, maybe you would have a chance.  Are you currently in the U.S.?

Customer: replied 8 days ago.
you advise I NOW apply for the chief of mission approval, and also wait for that, following I make an appeal is that right?
Customer: replied 8 days ago.
Also are you based in the US?
Customer: replied 8 days ago.
If the chief of mission approval takes 8 weeks to respond and I have 30 days to appeal my case what can I do to speed up the process because after 30 days they will deny my case completely
Expert:  Guillermo Senmartin replied 8 days ago.
You were supposed to get the approval letter of recommendation from the Chief of Mission BEFORE you filed the I-360.  I don't think you have enough time to get it now within 33 days of the date of the denial notice.  Do you?  You may not even qualify to get it at all.  Yes, I am in the U.S.  If it takes 8 weeks to get it, then, unfortunately, you may not be able to appeal but you may be able to file a new I-360.  Are you in the U.S.?
Customer: replied 8 days ago.
No I am not in the US
Customer: replied 8 days ago.
This is so saddening to hear, I was unaware of this completely
Customer: replied 8 days ago.
I will now file for the chief of mission approval, how do i do so?
Customer: replied 8 days ago.
To add in the link you sent me of applying for the COM, it requires things like “YOUR FULL NAME” , “YOUR DATE OF BIRTH” here do I fill out my HUSBANDS details WHO WORKED ON BEHALF OF THE US GOVERNMENT or do I write MY DETAILS
Customer: replied 8 days ago.
Also in the DS-157 FORM do i just fill in the black box for the deceased principal applicant (my husband) or do i fill in that as well as the whole document
Expert:  Guillermo Senmartin replied 7 days ago.

The DS-157 is supposed to be filled out from the perspective of your spouse.  I just don't see that you can qualify as his widow.  I am truly sorry.  I wish I had better news.  

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

Customer: replied 7 days ago.
No, then why is their an option to fill out SECTION 4 on behalf of the deceased applicant
Expert:  Guillermo Senmartin replied 7 days ago.
Ok.  Then that is good news.  I had not seen that in the original link that I sent you.  But the COM and the DS-157 are separate even though both need to be filled out and used.  I would follow the directions on the DS-157 near the bottom as that has information on processing before COM and after COM.
Expert:  Guillermo Senmartin replied 7 days ago.

Hello again. Just checking in since I haven't heard back from you. Sometimes, when messages go through cell phone texts, the messages do not come through. I sincerely ***** ***** that is the case. Thank you for your patience and understanding.


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.

Expert:  Guillermo Senmartin replied 6 days ago.

I assume that you have no additional U.S. immigration law questions for me at this time.  Thank you for being a valued customer. Due to time constraints, I am not really available for follow-up questions, but if you need more help or for any situations in the future, please post a NEW session and remember to write 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 and for a very competitive price. Those cases are primarily Adjustment of Status (family-based), Removal of Conditions on green cards, and Naturalization. If interested, please let me know so that I can send you a Premium Service request for just a few dollars to discuss in private. 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!

Customer: replied 5 days ago.
Hi one other question, I have nearly completed all requirements for the chief of mission approval, my question is , should I begin the process by sending through the email to the COM or should I appeal first and then do so, what would be the best route
Expert:  Guillermo Senmartin replied 4 days ago.

I think you may have to wait, get the letter, and then refile because you have a limited time for appeal and the excuse of, "Oh, I didn't know I had to have it, and I don't have it yet, but I hope to get it soon..." I don't think will work.