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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107978
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My pastor is waiting on his R1 visa. Immigration requested

Customer Question

Hello, my pastor is waiting on his R1 visa. Immigration requested some other documents RFE and he is waiting for the visa in Brazil. He asked the visa from Brazil. He came to US for a few months using his B2 when he went back to Brazil, when he tried to re enter the immigration agents questioned him about staying him for so long. He never over stay his visa. He was able to prove he didn't work here and that he was being paid by the Church in Brazil while he was here in an exploratory trip. They changed his i94 from b2 to b1.
They liked him.He stayed 6 months and extended his visa for more 6 months, all this time being paid in Brazil and being able to prove that.
Now the group that we have here in Hawaii is anxious for him to come back and we are wondering if we can have him back in q F1 visa while he waits for the R1 visa.
I have a friend that his wife got an f1 while they waited on the r1.
But as the r1 for my pastor was petioles from Brazil and as the Church in Brazil is willing to pay for his F1 as well, we are wondering this:Can he get F1 while waiting for the R1 so he can be here studying English improving his language skills? The vision of the church is to reach Americans and international students in the island.Thank you!
Submitted: 8 months ago.
Category: Immigration Law
Customer: replied 8 months ago.
Petioned*
I wrote from my phone
Sorry for the typos
Let me know if it is clear2 weeks:
He came from Br to Us on nov 20146 months:
He came from Br to Us on Jan 2015 to June 201612 months
He came from Br to Us and extended his visa from August 2015 to July 2016August 2015 - immigration changed his b2 to b1 on the I-94Paid by the Church in Brasil
We have a church in Los Angeles with the 501c3 which was the one petitioning his visa. Church in Brazjl has over 300 congregations and it is the one cover him financially
Church in Los Angeles is under the church in Brazil and it covering him legally.He wants to come again before his R1 is given so he can study and wait in here.He know he will need to go back to Brazil to get the R1 visa there once it is given to him.Will the immigration still give him the r1 if he gets the f1? He is afraid to nullify the r1 visa while getting the f1.He has an immigration lawyer but we wants second legal opinion.
Expert:  Guillermo J. Senmartin, Esq. replied 8 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.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Sorry for the delay. Yes, technically this is possible, but they won't like that he has been spending so much time in the U.S. It is stating to look like he has immigrant intent. He will have to find a good and reputable education program that will be able to help him show that he has strong ties to his home and non-immigrant intent. Here is a link to get him started:

http://studyinthestates.dhs.gov/

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.

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Oh, and no, an R-1 would not be nullified because he gets an F-1.

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

Customer: replied 8 months ago.
I dont understand. The R1 visa is for him To live and work as a minister in the US.
He is paid through the Church in Brazil no matter if he is preaching in there or if he is here on what they call an exploratory trip.
If he is here for a long time on a b1 visa or f1 visa it only shows intent to learn more about the culture and learn the language so he can be ready when the r1 visa is approved
Your answer didn't make sense to me, as you said they would not like to see immigrant intent. He is immigrating here even if for just a few years and this is the purpose of the r1.How can an education program help to show strong ties to his community?He already has a language school in hawaii that can give him the I-20.Your answer to me is still very confusing, very quick, and very ambiguous. Please elaborate better.Thank you
Customer: replied 8 months ago.
What is your legal recommendation?
Customer: replied 8 months ago.
The link you sent is so broad and generic. I'm really disappointed with your answer. How can that link help me to understand how a good program in us will help him to show strong ties to his community back in Brazil?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

A B visa is meant to visit. He's spending too much time in the U.S. to just visit. So the more he spends in the U.S. and the less time he spends outside of the U.S., the more it looks like he is living in the U.S. and that's not the point of the B visa. The F-1 is more lenient in that regard because obviously the person could be a student for a number of years, but they should still prove that they have a home to go back to and that they don't have immigrant intent which is the intent to stay permanently. So again, as I said, what he plans is technically possible, but he has to avoid certain pitfalls that I have explained.

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 8 months ago.
How to avoid this pitfalls?
B1 visa was extended but he doesn't plan to come back with it as it is risky.F1 visa would be safer for him to enter here and stay while studying. Getting an f1 is not difficultBut can this hurt his r1 visa somehow? You seem like you are answering without answeringLike I need to know if you believe legally getting another visa could hurt his process or notIm sorry for being honest, but I really need your legal opinion and a straight answerIf he comes to US AGAIN on a F1 visa, and if he shows ties to Brazil I order to get the F1, when immigration look at his status and know he is living in US this won't hurt him or it may?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

He's already avoiding the pitfalls by understanding the B is risky, so best to try for the F-1 which may be more appropriate under the circumstances. And no, I already explained that there is no conflict between the F-1 and R-1. As long as he doesn't make anything up or lie about anything, even a denial of the F-1 should not negatively effect the R-1.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is scroll to the top of the page or click on my name and they will come out. Thank you for your understanding.

Customer: replied 8 months ago.
Ok great thanks a lot
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

You are very welcome, but PLEASE do not forget to rate me positively so that I can get credit for my assistance to you. 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. You may have to scroll up to the top of the page to see the stars/smiley faces. If you don't see them because perhaps you are using the mobile app, then try clicking on my name and they should come out. Since I am NOT given a salary, it is the only way the website will compensate me. You are NOT charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

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