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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105647
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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E2 TRACY VISA. PRINCIPLE .WIFE AND KIDS ARE ALSO ON IT

Customer Question

E2 TRACY VISA .I'M THE PRINCIPLE .WIFE AND KIDS ARE ALSO ON IT .BECAUSE I TRAVEL INTERNATIONAL A LOT MY I94 WAS EXTENDED ,MY WIFE APPLICATION GOT MESSED UP AND SHE GOT A DENIED AND IS NOW OUT OF STATUS .IS THERE ANY OPTION BESIDES LEAVING OUR KIDS ARE IN SCHOOL THIS IS OUR NEW HOME IN CALIFORNIA AND WE ATE TERRIFIED SHE WON'T GET BACK IN ,CURRENTLY 100 DAYS OUT OF STATUS ,PLEASE HELP
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and 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.

I need to know what happened to mess things up how long ago that happened that they were denied.

Customer: replied 1 year ago.
We file an 129 which was the wrong one .the filed the I 539 and requested tge i29 app be set aside .they said as the 129 was cancelled the I 539 app was null and void .i94 expired June 23 2015
Denied arrived September 01 2015 approx
Customer: replied 1 year ago.
I was out of country at the time and had my 194 updated on re entry
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Unfortunately, there is no other option. They all have to leave and petition for a new E-2 visa stamp from outside of the U.S. The company that you are under E-2, is it your company? How large is the company? How long has the company existed? How many U.S. employees does the company have?

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

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

Unfortunately, as I said before, they will need to leave the U.S. to get back into status. If your company is stable, I don't see a reason why they would not be granted the visas to come back if they leave very soon. The sooner they leave, the easier it will be to convince a visa officer that the overstays were brief, reasonable and will not happen again. Also, the bigger your company is, the more U.S. employees the company has, the less chance of any issue to get stamping. I am truly sorry for this news, but at least now you know what to do. Staying is NOT an option and the longer they stay, the worse it will be.

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.

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.

Customer: replied 1 year ago.
Can we re file our application with a nunc pro tunc .I've seen it a lot on tge Internet
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

It is not very nice that I have been waiting for you to respond to me and you are only doing so now. I am not given a salary to be here. I am only compensated if you leave a positive rating. And of course, you need to be satisfied, but at least respond and say something like, "Don't worry, I need think about this and see if I have anymore questions..." At least respond and tell me something, anything.

Anyway, in the denial letter, when are they counting the time out of status and unlawfully present, since June or since the denial? I would assume since the denial, but it is important to make sure. Also, since you have already been doing the research, how long is it taking to make a decision on a nunc pro tunc? 3 months? 6 months? What happens if the nunc pro tunc is denied and then at that point they have more than 180 days of status and are subject to a 3 year bar meaning that they cannot get back into status without leaving the U.S. but if they leave the U.S. they cannot get a visa to come back unless they get a very hard to get waiver? So what do you think is safer and better?

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

Well, I guess you don't want to value my service. I hope you change your mind. I have only tried to be helpful to you. You are looking for a solution that does not exist. Yes, you can try the nunc pro tunc, but if it is denied, if they have more than 180 days of being unlawfully present, they would have a 3 year bar to coming back. It becomes a 10 year bar once they reach one year of being unlawfully present. I am only trying to keep them from getting into worse trouble. If eventually you become a U.S. Citizen, you can apply for them both to get Residency (your child has to be under 21 and unmarried), but failing that, the recommendation is that they leave immediately and do stamping to come back. The faster they leave, the easier it will be to come back. If you do a nunc pro tunc and fail, that option to leave and come back without a waiver may not be available anymore.

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!

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!

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