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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105582
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Previously I was deny entry to US due to the immigration

Customer Question

Hi, previously I was deny entry to US due to the immigration officer has found me inadmissible to enter the US. They check my phone, and found some text that I was soliciting with other man include pictures and prices, and hotel location. They also have suspicious of not returning home, as I have lack of strong ties in my home country. After I was given option to withdraw my application and they told me to apply again when I back in Malaysia. Now my fiancé is about to file the k1 petition for me. I wonder upon interview in the embassy, would they reject my application based on what i said in my sworn statement 235(b)(1) ?
Submitted: 2 months ago.
Category: Immigration Law
Customer: replied 2 months ago.
previously I traveled on B1/B2 and I was deny entry due to the immigration officer has found me inadmissible to enter the US. They check my phone, and found some text that I was soliciting with other man include pictures and prices, and hotel location. They also have suspicious of me not returning home after visit my fiancé, as I have lack of strong ties in my home country. After I was given option to withdraw my application and they told me to apply again when I back in Malaysia. Now my fiancé is about to file the k1 petition for me. I wonder upon interview in the embassy, would they reject my application based on what i said in sworn statement 235(b)(1)... Hope to hear from you soon.
Expert:  Guillermo J. Senmartin, Esq. replied 2 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.

How long ago were you denied entry into the U.S.?

Customer: replied 2 months ago.
Good day to you. It was on July 29 2015.
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Ok. Unfortunately, most likely you are going to need a waiver of inadmissibility. Your fiance will file an I-601 waiver and he will have to prove that if you are not granted the waiver, he would suffer extreme hardship. Here is a link to the I-601:

https://www.uscis.gov/i-601

And here is a link to what extreme hardship is:

http://www.ilw.com/articles/2007,0717-scott.shtm

So at least now you know what would need to be done to avoid rejection.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 2 months ago.
But can I still send the package for K1 or should I file the i-601 first?
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Send them simultaneously. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 2 months ago.
Can i ask you if I can apply for the waiver i-601 after K1 is refuse? From what i know I wasn't banned for entering. And we're apply for K1 same sex, is there any other option?
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

That's the only waiver of inadmissibility. You can apply for it after you are denied the K-1, but it may require filing the K-1 again.

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 scroll to the top of the page to see them or click on my name and they should come out. 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!

Customer: replied 2 months ago.
Ok. So do I require a immigration lawyer if I need to file the waiver?
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

To have a better chance of approval, it is better to use an attorney. You can look for one at www.ailalawyer.com. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 2 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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