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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105680
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I just went to the American Consulate in Argentina to

Customer Question

I just went to the American Consulate in Argentina to request a tourist visa in order to travel for a wedding of a friend with my husband. My husband is an American citizen, who lived in the United States 17 years and is a rabbi who worked as a rabbi in the US for nine years. I have two sisters who are US citizens and live in Miami. I lived 9 months as a teenager in the States in 1993-94 with a visa that was requested by the organization where I studied. I have also gone to the US with a visa for 10 years that had been granted to me here in Argentina in the 1990s. I took my current Argentine passport, which is the only one I have, my husband's American passport and papers to show that I have two daughters here and property in Argentina, but the consular agent did not even want to look at this information because she said that I did not have copies of previous passports, which indeed I do not have because I disposed of them as outdated. I would like to know what is the next step I need to take in order to request that they review my situation based on the information the American consulate can corroborate of me and the information I have available to provide. Thank you.
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 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.

There is no review or appeal. All you can do is apply again. Do they believe that perhaps you are a risk for staying in the U.S.? That perhaps your U.S. Citizen spouse will petition for you to stay?

Customer: replied 4 months ago.
I do not believe that I am a risk for staying in the United States. My husband and I live in Argentina, he works and is the dean of a Rabbinical School here in Buenos Aires. I have two daughters, ages 12 and 14, who study here and go to school. I have a house that is my source of income here. We have no intention of going to live in the United States. The agent asked me if I was applying for citizenship and I said that I was not applying because I had no intention of living in the US.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

It's not what you believe, it's what the visa officer believes and what you can show to prove otherwise. Are your daughters U.S. Citizens and if not, were they applying for a visa with you? You see, if the entire family travels together, some of those "ties" to Argentina go with you and thus they are no longer ties. People change schools all the time and a house that is rental income can easily be transferred to the U.S.

Customer: replied 4 months ago.
My daughters are NOT applying to come with us because we are just planning to go for a few days to attend the wedding of a friend of my husband's, also a rabbi, in November. I took with me a copy of an email of my husband's friend with the invitation to come to the wedding. The agent did not even want to see ANY of the papers I took with me.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

But are your daughters U.S. Citizens?

Customer: replied 4 months ago.
No, they are not. I was married before to someone else. My current husband is not the biological father of my daughters.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Ok. Then that is helpful. Unfortunately, as I said, their is no appeal process, so all you can do is apply again. I would have your spouse contact his U.S. Congressmen (he has three of them, two U.S. Senators and one U.S. Representative) and ask them for help. If one is not helpful, he tries another one. He will explain what is going on, that there is no intent to immigrate on your part, and have the U.S. Congressman apply pressure to the U.S. Embassy to have the visa officer carefully review all the evidence. The ultimate decision is still up to the visa officer. That will not change, but with the pressure from the U.S. Congressman, they should review everything. Also, what you can do at the interview is if you see that the visa officer is not willing to review your evidence, firmly but nicely ask to speak to their supervisor. Here is a link to help your spouse in contacting the U.S. Congressmen:

https://www.usa.gov/elected-officials

And here is a link to things that you can submit and have with you to prove non-immigrant intent and strong ties to your country:

https://help.cbp.gov/ci/fattach/get/46680/0/session/L2F2LzEvdGltZS8xMzk3NDE3MzcxL3NpZC85M1BEQ0lSbA==/filename/Intentions+and+Ties.pdf

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 4 months ago.
Thank you for your advice. My husband says that it is just too cumbersome to have to contact a US Congressman or Senator now, especially because he lives here in Argentina for so many years and not in any particular state. Which state would he have to choose as his state to contact his senators ? He lived in New York for 8 years and in Texas for 9 years. He says that probably, before going that route, he should ask for an appointment at the US Consulate in Argentina's American Citizen's Services and explain the situation to someone there himself directly and see if they take action. As a second step, to send a personal letter to the American Ambassador with the letterhead of the Rabbinical School explaining the situation and requesting for a new application to be considered on the basis of the documents I brought with me that the officer did not even consider looking. What would be you opinion on this path ?
Customer: replied 4 months ago.
Are you there ?
Customer: replied 4 months ago.
Are you there Guillermo ?
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Yes. I am here. I am also assisting other customers at the same time plus I type fast but not that fast. Sorry for the delay. I will be right with you.

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Those are two interesting options. However, I doubt that a letter from the school will get them to revisit the previously denied application. He can certainly try and at least make the U.S. Ambassador aware of the situation, but ultimately, you may still have to file a new application and the final decision still rests with the visa officer. I will give you a link to an article that I like so that you understand what is going on:

http://www.ilw.com/articles/2009,0528-schwartz.shtm

Hopefully with a new application, and putting pressure on the U.S. Embassy to carefully review all your proffered evidence, you can get an approval.

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!

Expert:  Guillermo J. Senmartin, Esq. replied 4 months 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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