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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94754
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I gave up my permanent resident card in July 2013 (it had expired

Customer Question

I gave up my permanent resident card in July 2013 (it had expired Aug 2012). So I went to the US consulate to get a visa. I thought it was a technicality. (Note I arrived in the US in 1974 as a 2yr old child and lived there since 2000...but held my perm.resident card since 2000 living outside US due to work/university).

I kept my card to visit my parents once a year.

So I went to get the visa and was denied. The agent asked for further documents like bank statement and work contract, and I said I could bring it back. He said, NO, my application was denied. During my interview when he asked my reasons for the visit...at some point I said I wanted my mother to see me pregnant and healthy because I had a miscarriage earlier in the year. He asked me how many months pregnant I was and I answered 4months.

I was denied on grounds of 214b.

I didnt realise my disclosure of pregnancy was an issue so I made an appt the following week, with every known document one could have.

I was DENIED a 2nd time.

After enquiring with friends and some online search I realised it might have been because I WAS PREGNANT.

When should I apply again? AFTER the child is born?

I just want to visit my mother who I havent seen in over a year.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


I have a few questions for you:

1) Was your intention to have the child born in the U.S.?

2) Did you file an I-407 to turn in your green card?

3) What strong ties do you have to your country of Austria?
Customer: replied 1 year ago.

1. NO WAY. I want my child to be european. My father died 3 June 2013. I couldnt travel because I had a miscarriage Jan 2013..and this current pregnancy had complications. Also, I purchased my ticket 1 week before my father died. I wanted to visit my mother and sort out a service for my father who was cremated and I had to pay cash for it all. The 1st agent said, "do you think I am to believe that your father died in June and it is July and now you want to go to America?"


 


2. I had a copy of mz I-407 form. The 2nd agent stated, it was "too recent" since giving it up to think I might not come back. Maybe I had changed my mind


 


3. I have a limited company registered in the UK. Since I married my husband, who is Austrian, I do as much work from Austria. I brought my cert of incorporation, company docs to show directors and shareholders (just me) and contracts.


 


I also just bought a house in Austria with my husband and had the mortgage papers. The 2nd agent said, "it was too recent"...that my life was too "transitional".

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Then I would say, yes, apply again after your child is born. Submit the I-407 as well. Submit proof of the purchase of the home, that excellent job and life you have at home, and anything else that you can think of to show that you will not abandon that life. If your child were to stay behind with your husband, that would give you almost a certain approval, I would think because no one is going to abandon their child. But of course, you will want to take your child to meet the grandmother. I understand that, and they will understand it too, but when the things that would tie you to your country go with you, that lessens your chances of approval. Since there is no "right" to a visa, there is no guarantee, but here is a link to an article that you can read that may be helpful:


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


I am truly sorry that you are having this issue, but I believe with enough evidence to show that you will go back home, you should be approved. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94754
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Ok. Many thanks!


 


HOW can I PROVE that I am leaving the baby behind? They didnt want to even see my plane tickets which I had...they gave them back.


 


Should I have my husband write a letter (maybe even certified) to state that I am travelling alone and leaving the baby behind?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Because your baby would generally need a visa to enter the U.S. So without a visa, the assumption is that the baby is being left behind. You can write a letter explaining your plans.

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