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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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My brother has a pending immigrant visa. He was approved,

Customer Question

My brother has a pending immigrant visa. He was approved, but there is no Visa available to this time . He went to the embassy in Nicaragua to get student visa with an approved College, the embassy denied the student visa and took his tourist visa. Our whole family is in California, what can I do to get back his tourist Visa and get him in the US.
Submitted: 29 days ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 29 days 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.

I probably will not have good news for you. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

What is the Priority Date on his I-130?

Customer: replied 29 days ago.
March 28,2016
Expert:  Guillermo J. Senmartin, Esq. replied 29 days ago.

Ok. That means he has about a 13 year wait for an immigrant visa. The problem is that for both an F-1 and a B-2, one must have clear non-immigrant intent. When one has a pending I-130, that is clear evidence of immigrant intent. This is why he was refused the F-1 and why they took away the B-2. I sincerely ***** ***** will approve him for an F-1 if he tried again, but they might approve him for a new B-2 if he can prove that he will ONLY visit the U.S. and will go back home on time. So he should apply again for a B-2 tourist visa and prove strong ties to his home and non-immigrant intent. He should let the officer know that he is well aware that if he overstays in the U.S., he will not be able to use that I-130 filed by a sibling to stay because he would have to be legally in the U.S. to use it and if he is not, he would have to leave the U.S. and risk the 10 year bar. So have him apply again for a B-2. He can try for an F-1 trying to prove the same thing, but that may be harder.

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 29 days ago.
I did not asked for him, it was my dad who is a permanent resident. So, is the wait less or the same.
Customer: replied 29 days ago.
Also, I asked Visa Center to freeze his age since we applied and he was approved before he turns 21 and they said the would not be able to do so. Do you know what else I can do to freeze his age, so it does not take longer.
Expert:  Guillermo J. Senmartin, Esq. replied 29 days ago.

When was the I-130 filed for him? When was the I-130 approved? What is his date of birth? All three dates will be different.

Customer: replied 29 days ago.
The application date is March 28, 2016. The approval was October 12, 2016 and his date of birth May 8, 1996.
Expert:  Guillermo J. Senmartin, Esq. replied 29 days ago.

Your father is a U.S. Lawful Permanent Resident?

Customer: replied 29 days ago.
Expert:  Guillermo J. Senmartin, Esq. replied 29 days ago.

It's going to be bad news, I'm afraid. Remember what I said about not shooting the messenger. How long has your father been a Resident? How did he get that status? I need to see if he can get U.S. Citizenship before your brother turns 21.

Customer: replied 29 days ago.
He has been resident for 8 months. He got it from me.
Expert:  Guillermo J. Senmartin, Esq. replied 29 days ago.

Then unfortunately, he is going to age out. He is only protected until 21 plus the time USCIS took to approve the I-130. Since they took 7 months, he is protected until 21 and 7 months. If a visa does not become available to him before then (and it won't), he ages out. Since he will age out and automatically go into the F2B category, as long as he stays single, he will have a 6 year wait. If he married someone other than a U.S. Citizen before his father becomes a U.S. Citizen, his I-130 is revoked as there is no category for married son or daughter of U.S. Lawful Permanent Resident.

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 29 days ago.
our only alternative is getting him here with a tourist Visa and then could we apply for a student to Visa when while he is here?
Expert:  Guillermo J. Senmartin, Esq. replied 29 days ago.

He could try. He would have a better chance at a B-2, but just because he gets it, gets into the U.S. and then applies for an F-1 from inside of the U.S. doesn't mean he has a better chance of getting the F-1, but he can try. I wish I had better news for you, but the options are limited.

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.

Expert:  Guillermo J. Senmartin, Esq. replied 27 days 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!

Expert:  Guillermo J. Senmartin, Esq. replied 26 days ago.

Thank you for your kindness and respect. Good luck to you.

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