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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105587
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My partner was in the us years under the dream act, then

Customer Question

My partner was in the us for 8 years under the dream act, then went to Europe 2 years ago for school, now he is trying to come back but his request for parole was denied. Our business is tanking and I am suffering now because he needs to be back immediately!!! What options do we have???
Submitted: 7 months ago.
Category: Immigration Law
Customer: replied 7 months ago.
He is Mexican and is currently in mexico
Expert:  Guillermo J. Senmartin, Esq. replied 7 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 mean he had DACA and he was granted Advance Parole and he left but the Advance Parole expired?
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
I may be a little delayed in responding. Sorry for that. Also, are you a U.S. Citizen?
Customer: replied 7 months ago.
I am
Customer: replied 7 months ago.
Denial letter
Customer: replied 7 months ago.
He left to school in Europe before the advanced parole got here
Customer: replied 7 months ago.
It was all schedule for him to have it before leaving but Our business manager never sent the payment
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Well, it wasn't enough just to file the Advance Parole before leaving. He had to have the Advance Parole approved before leaving. Why didn't he wait? And are you willing to marry him?
Customer: replied 7 months ago.
"Well the first time we submitted before I left the country, and it didn't proceed because the payment was incorrect so they sent it back. The second time it was wrong because someone at immigration told me to fill in a different form so I did and they sent everything back. And the third time I asked them if they were sure that that was the right one (I have emails to proove it) and they said to send it and that it was all good to go. So I did and they took it and sent a letter saying that it had been received that they were going to notify me if they needed any more evidence. "
Customer: replied 7 months ago.
He's my business partner, I am already married
Customer: replied 7 months ago.
He couldn't wait because he had to go to school
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
But still, he had to have waited for approval before leaving the U.S. That was his biggest error. Does he have a U.S. Citizen or U.S. Lawful Permanent Resident spouse or parent?
Customer: replied 7 months ago.
No
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Ok. Then he cannot qualify for an immigrant waiver. That means we have to look at non-immigrant visas. How much money does he personally have invested in the business and how many employees does the business have?
Customer: replied 7 months ago.
He is a published fashion designer of some noteriety. His entire livelyhood and half of mine are invested in the fashion house. Since he has been stuck in Mexico the last year, all our employees have left. Currently it's just the two of us.
Customer: replied 7 months ago.
Do we have any options as far as an o-visa? Or anything on the grounds that he is MY source of income?
Customer: replied 7 months ago.
We have a fashion show scheduled at an art gallery in September
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Well, yes, an O-1 is possible if he could prove national or international recognition in the field. Whatever visa he tries for, he 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 Here is a link to the O-1: https://www.uscis.gov/working-united-states/temporary-workers/o-1-visa-individuals-extraordinary-ability-or-achievement The investor visas, he has to have his own money invested and it has to be a substantial investment. The law does not say an exact amount, but most attorneys recommend $100,000 or more for L-1 and $200,000 or more for an E visa. Regardless, as I said, whichever one he chooses, he will need the waiver. 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.
Customer: replied 7 months ago.
Is there a way he can expedite getting an appointment ?
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Yes. But it is not easy. Here is a link: https://www.uscis.gov/forms/expedite-criteria 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. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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