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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106326
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I went to the US in December 2915 with my wife and four

Customer Question

I went to the US in December 2915 with my wife and four teenage children on B1/B2 visas. We were given 6 month stay at the Point of Entry .
By January 2016 we decided to enrol the children in high school . They were all enrolled in high school and the county school board accepted and enrolled them with their B1/B2 visa.
I left the USA in January 14th to return back to work in My country.
In March 2016 when I returned back to the US, I was refused entry at the airport in UsA because I enrolled my children in high school . My B1/B2 visa was cancelled . How can U apply for a new Visa. I have called the school and they say they enroll all students within school age in high school irrespective of their immigration status . Please I need some help on how I can get another visa, though the US customs and boarder protection official told me I can reapply for a B1 visa the next day in my country
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 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.

Unfortunately, the school is not responsible for that, as far as USCIS goes. What was the reason you enrolled them? How did CBP find out about it? Did they allow you to withdraw your request to enter or were you given a 5 year ban/penalty?

Expert:  Guillermo J. Senmartin, Esq. replied 10 months 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.

if they allowed you to withdraw your request to enter the U.S., then you can apply for a new B-2 tourist visa and prove that you do not have immigrant intent, that your enrolling of your children was not intentional had you known it was not legal to do so, and that you have strong ties to your country.

If they did not allow you to withdraw your request to enter, then you will not only need to apply for a new B-2, but because you have a 5 year ban, in order to come back to the U.S. before those 5 years are up, you will need a 212(d)(3) waiver which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link):

https://fam.state.gov/searchapps/viewer?format=html&query=212(d)(3)&links=212,D,3&url=/FAM/09FAM/09FAM030503.html#M305_3_3_A

You can find more information here:

http://www.ilw.com/articles/2003,0930-labrie.shtm

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. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello Anthony. 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 9 months ago.

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

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Anthony, thank you for your kindness and respect. Good luck to you.