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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105627
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I'm on an F1 visa in order to complete my undergraduate

Customer Question

I'm on an F1 visa in order to complete my undergraduate studies. I have been issued a new I-20 for the next school year. (Same SEVIS ID), however, my visa stamp expires this June. This proposes an issue in terms of renewing my drivers lisence and being able to travel overseas this winter for a medical internship. In order to renew the visa stamp for reentry into the United States, do I need to complete the form DS 160 and make an appointment at a U.S. Embassy? I do not need to file an I-539 since I have the updated I-20 and I'm not applying for reinstatement, correct? I'm just applying for a new visa stamp.
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 months 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.

You have two options:

1) You can do automatic visa revalidation if you qualify and here are a couple of links:

https://travel.state.gov/content/visas/en/general/automatic-revalidation.html

https://help.cbp.gov/app/answers/detail/a_id/1218/~/automatic-revalidation-for-certain-temporary-visitors

2) You would file a DS-160 and make an appointment in the U.S. Embassy or Consulate in your home country for new F-1 visa stamping. An I-539 is not used in that process.

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 8 months ago.
in the case of automatic visa revalidation, this only applies when traveling to territories contiguous with the USA? My I-94 is D/S, and my program end date on the I-20 has been updated to August 2017. What would you suggest as the best course of action in order to renew my visa stamp that will allow me reentry into the USA? As the case stands, my current visa expires June 12th 2016. I was planning on completing the form DS-160 and making an appointment at the U.S. embassy in Nassau (where I originally applied for my F1 visa petition) within 30 days of my visa expiration date. Do I need to be worried about denial if I have the updated I-20 and documents that corroborate my financial support while living in America?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

If you are asking which method gives you a guarantee of re-entry, the answer is neither. Until you become a U.S. Citizen, you will never had a guarantee to enter. As far as denial, you shouldn't have to worry about that as long as you are maintaining lawful status and have non-immigrant intent and have the financial resources to maintain your status.

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 8 months ago.
Right, thank you for your help. Unfortunately, it seems like my only path to citizenship is F1-OPT-H1B-PR, and H1B's are capped at 30,000 annually. Of course, marriage is in option, but unlikely in my case. If you have any advice in terms of obtaining PR or Citizenship, that would be greatly appreciated. I entered the USA as a depended on an E-2 investors visa, and have been living in the States for 15 years. I have been looking into the army-naturalization through basic training. However, that may interfere with my plans to attend medical school following graduation next year.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Well, there are generally 5 avenues to obtain U.S. Lawful Permanent Residency. They are through family, through employment, through Asylum or refugee process, through investment, or through the lottery.

For family, it must be immediate family such as U.S. Citizen spouse or U.S. Citizen children over 21 in order to be able to come immediately. U.S. Citizen or Lawful Permanent Resident parents or U.S. Citizen siblings, or Lawful Permanent Resident spouses can also help you, but the wait for that is about 4 to 12 years or so.

Through employment, you would have to generally prove that you would not be taking away a job from a U.S. worker and the less experience and education you have, the harder that is to do.

Through Asylum or Refugee process, you must prove that you will be persecuted, tortured or killed if you stay in your country and that this will happen to you because of your nationality, race, religion, political opinion, or membership in a particular social group, not because you would run the same risk as anyone else in your country to fall victim to a crime or bad economic conditions.

Through investment, you are looking at generally $1,000,000.00 for a residency, or $500,000.00 in an area designated as a high-employment area, plus in both cases the investment has to create 10 or more jobs for U.S. workers.

And through the lottery, it would be very difficult to win one of the 50,000 visas available per year and some countries do not qualify.

Here is a link to the different forms to get a green card:

http://www.uscis.gov/greencard

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

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hello Chloe. 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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