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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105581
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My 16yr sister arrived 3 months ago with travel visa(valid

Customer Question

My 16yr sister arrived 3 months ago with travel visa(valid untill december 12) to avoid juvenile institution. We want her to start school and long term plan to become citizen, what course of actions should we take?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! Thank you for requesting me. I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

It may have to be a very long term plan. I assume that neither parent is a U.S. Citizen or U.S. Lawful Permanent Resident? Are you a U.S. Citizen? What country is she from?

Customer: replied 1 year ago.
Im married to U.S citizen and working on citizenship myself, she is from poland and my biggest priority is her being able go to school legaly, everything else goes second.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, it would then be an F-1 student visa. But first, keep in mind that even if you become a U.S. Citizen, when you file for her it will take 11 years roughly before she can get a green card. This means that if she is on F-1 and you file for her, she cannot travel while on the F-1 nor can she apply for a transfer of schools for 11 years. Why? Because the I-130 is evidence of immigrant intent and for the F-1 and OPT after, she needs to show non-immigrant intent. If she travels outside of the U.S. or transfers schools or applies for OPT, they will see the I-130 at that point and may deny her. So really, you probably should let her go through the process as any student might. So how is that?

Well first she has to find a school willing to accept her. Here is a link:

http://studyinthestates.dhs.gov/

After that, the school would help her (usually for free) to get an F-1 student status.

After she graduates, she can start another degree program or if she finishes with a bachelor's degree or higher, she can then apply for Optional Practical Training (OPT) to work for an employer in the field she studied. Then after that, the same or a different employer can file an H-1B professional visa for her. Then after that, the same or different employer can file for her to get a green card. That is the long road, but many students do it.

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! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 1 year ago.
She's only 16 years old troubled kid with almost 3 years school absence, should we try get her to high school? What forms should we start with? Is there option for signing her at community college to save on tuition?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

High School is possible, but those classes have to be paid for unless she signs up for a private school. As far as community college, if she takes the GED test and passes, that may be possible as well. Here is a link:

https://ged.com/

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Customer: replied 1 year ago.
how do we get her to start GED then?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

That's why I sent you the link. The instructions on how to do it are there.

Let me know if you need anything else, but please do not forget to rate me positively. Thank you!

Customer: replied 1 year ago.
She need state ID to be tested, she cant get ID becuse of her status. My preferred action would be to get her student visa, sign her for community college GED and ESL(english as second language) classes untill she pass GED and speak fluent after that i thought of school that will get her diploma so she can keep studying and have a part time job. Is it possible and how to go about it?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Yes, but as I said before, the first step is to find a school that will accept her. So you need to do a search using that first link that I gave you and find a school that would be willing to take her on and teach her English and help her work towards her GED, then you can find another school to transfer her to in order for her to get an Associates Degree or a Bachelors Degree, Let me know if you need anything else, but please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are NOT charged again and we do NOT finish just because it says, "Rate to finish" or something like that. I will not abandon you after you rate me positively if you have additional questions. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.

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