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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95097
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a US citizen living and working abroad in a Southern African

Customer Question

I am a US citizen living and working abroad in a Southern African country-Namibia. I am a US tax payer and property owner in Northern Virginia. My problem is that I have been trying to get a US visitor's visa from my local US Embassy for my Namibian domestic partner since 2010.The purpose of which is a short 3 week visit to the USA to meet my family before we get married. Unfortunately, we have been rebuffed 3 times by different consular officers - for a different reason each time. The common thread (at least stated) is an unreasonable fear that she might overstay her visa and live in the shadows as an undocumented immigrant. We own property and registered businesses in Namibia.This decision was made even though we have tried to present the consular officer with sufficient proof of ties to her country. In 2012, we became the parents of a little boy whom we choose to raise in Namibia as a Namibian citizen. I would like him to meet my family as well. This too has caused problems and has contributed to the source of our recent rejection even though he holds a valid Namibian passport. My question is this: Is there some way to by-pass the local consular officer or at least override his decision? I understand that my senator or congressman (Jim Moran, Jim Kaine) may be of some help. Is this also true?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months 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. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.


I am truly sorry for the troubles you are having. You can TRY submitting the application at a different U.S. Embassy or Consulate but more likely than not, they will reject even looking at the file unless she is legally living in the country where that Embassy or Consulate is located or she is a citizen of that country. She can still try, but the chances are not good. And yes, a U.S. Congressman can be helpful in this regard. Here is a link to get you started:


http://www.usa.gov/Contact/Elected.shtml


Remember, if one does not help, you have two others you can contact as well. And finally, here is a link to an article that may be helpful:


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


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 often unjust laws which I have no control over) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you feel I have earned one, bonuses are always appreciated. To request me in the future, make sure you type: FOR GUILLERMO on the subject line. Thank you!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95097
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
Did you reply? If you did and you do not see your reply above, it is because we have been having technical difficulties. Please repost your reply and to make sure it went through, you should be able to read it on the thread, not get a mostly blank screen after hitting the reply button. I believe I may be able to help you. Sorry for the inconvenience. Thank you.
Customer: replied 11 months ago.

I think the advice you gave me was informative and useful.But I don't know if there is anything else that can be done and certainly my problem still remains in play. I will be returning to the USA (alone) soon. I will try to visit my congressman (or a staffer) upon my return and try to make the case to them. Thank You for your advice

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
I understand. I wish I had better news for you. The problem is that in this area, often people try to get the visitor visa to be able to come quicker and then marry and stay and this is not allowed. They know that IF the person can get in, it is legal to marry and stay and get Residency. They just don't want them to use a visitor visa to do it. I am truly sorry.
Customer: replied 11 months ago.

I do have one final question assuming I haven't exhausted my account. When I return to the USA, would it be wise to hire an immigration lawyer to handle my case stateside? I'm not exactly sure what the body of immigration law encompasses, but it would seem that my situation should be covered under US Immigration law.

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
You are not limited to any specific amount of questions. It would have been nice had you rated my service a little better than OK, but in order to do so you would have to rate another answer and that would mean charging you again. That isn't necessary, but in the future, if you come back and post again, please keep that in mind and if you would like to request me in the future, you should put my name in the subject box.

Anyway, you can look for an attorney at www.ailalawyer.com. But keep in mind that you should be very careful. An attorney is expensive and this case does not have an easy solution. The bottom line is that whatever evidence is submitted must be enough to convince the consular officer that she will return home at the end of her visit. This is very difficult to do. It is a judgment call on the part of the officer reviewing the case. Since there is no "right" to a visa, it isn't something that you would have an easy time litigating if you wanted to sue the government or something like that. It will all depend on the strength of the evidence that she will go back home.
Customer: replied 11 months ago.

Guillermo,


I believe that ,in retrospect, you have given me the best possible advice that you could. The circumstances are such that my case is not simple. But you have helped me to better understand how the process works. If I could change the rating that I gave you for my first question I would change the quality of service to at least good and possibly excellent. I'm sorry if the first response causes any headache.


 


Sincerely,


 


J.T. Egan

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
No problem. That is ok. In the future, as I said, if you would like to request me, make sure you put my name in the subject line. Thank you and good luck to you!

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