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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106859
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am in need of a temporary work visa in the USA. I am a Canadian

Customer Question

I am in need of a temporary work visa in the USA. I am a Canadian citizen Business owner of 20 years. I was denied entry into the US at the airport boarder crossing and I indicated I was headed to the US on business. I have flown to the US doing exactly the same thing twice previously and was let through fine and had no idea I needed a visa. I gave a sworn statement to the Border guard and have that documentation. My event that I was trying to supervise is this Thursday. Is there any chance that I can get a visa completed so I can be in the US Thursday?
Thank you
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 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. What is the nature of the activity that you conducted in your previous trips and in this new trip?
Customer: replied 9 months ago.
2 Years ago I performed as a musician in Auburn Kentucky. I disclosed this to the border and was let through.The 2nd time in January of this year I went to the same location and the production manner. Again I disclosed this and was let through.
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
They weren't supposed to let you in. Basically you got lucky as perhaps they didn't want to do any paperwork those days. I assume you were paid? By whom?
Customer: replied 9 months ago.
Yes I was paid. I was paid in Canada by a Canadian corporation. They opened a new devision in the USA. They are Champion Petfoods.
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
That's a problem. Let me ask you, does your activity fit into the chart contained on this link?: https://travel.state.gov/content/dam/visas/BusinessVisa%20Purpose%20Listings%20March%202014%20flier.pdf
Customer: replied 9 months ago.
Well I am not a sports based business. I don't think I fit in that category The payment happens in Canada from the Canadian corporation. I do not receive funds while in the US.
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Unfortunately, that's still a violation. Look at it like this, by you performing, you are potentially taking away a gig that a U.S. musician could be hired to do. This is what the U.S. does not want and this is the reason that they are very strict with these types of situations. I assume that the officers at the Port of Entry allowed you to withdraw your request to enter and you were not given a 5 year penalty?
Customer: replied 9 months ago.
I was not given a penalty. I was truthful in all my answers to them. What I am wondering is do I have other options to obtain a visa quickly? 24hrs would be nice. I was told if I had a Visa I would be let through no problem.
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
The proper visa, yes. Unless you have some emergency, I don't see them issuing a visa within 24 hours. Missing a gig is not really an emergency unless there will be perhaps some huge financial loss. You may be able to get a visa within a few days or a week or two, but again, it has to be the proper visa. If you were nationally or internationally recognized in your field, you could get an O-1 visa. Here is a link: https://www.uscis.gov/working-united-states/temporary-workers/o-1-visa-individuals-extraordinary-ability-or-achievement If you are not nationally or internationally recognized in your field, then your options are more limited. You can try for a P visa if you are eligible. Here are the links: https://www.uscis.gov/working-united-states/temporary-workers/p-1b-member-internationally-recognized-entertainment-group/p-1b-member-internationally-recognized-entertainment-group https://www.uscis.gov/working-united-states/temporary-workers/p-2-performer-or-group-performing-under-reciprocal-exchange-program/p-2-individual-performer-or-part-group-entering-perform-under-reciprocal-exchange-program https://www.uscis.gov/working-united-states/temporary-workers/p-3-artist-or-entertainer-part-culturally-unique-program/p-3-artist-or-entertainer-coming-be-part-culturally-unique-program So decide which you believe you qualify for and apply as quickly as possible at the U.S. Embassy or Consulate nearest to you. 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 9 months ago.
Hello Paul. 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 Paul. Thank you for your kindness and respect. Good luck to you.
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Hello Paul, I see you logged back in recently. So what finally happened?

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