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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108330
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My husband was denied his visa for the following reasons 1a4

Customer Question

My husband was denied his visa for the following reasons 1a4 and 9b2... they told them in the interview the immigration officer that everything is approved it's just that he needs to still serve one more year is that true or would I have to file for a waiver
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: K 3 Visa
JA: Have you talked to a lawyer yet?
Customer: No I did all my paperwork by myself but I'm stuck on this
JA: Anything else you want the lawyer to know before I connect you?
Customer: Np
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 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 7 months ago.

Sorry, but I need you to be more accurate with the statute numbers. INA 212(a)(1)(A)(4) could it be? And INA 212(a)(9)(B)(2) could it be?

Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Did one have to do with drug use? And the other for having been illegally in the U.S. for more than a year?

Customer: replied 7 months ago.
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Was he convicted of anything? Of what? Some crimes make a person permanently inadmissible to the U.S. with no waivers available. 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.

Customer: replied 7 months ago.
The immigration officer told him that everything was approved and they just had to give him one year
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

I still need to know the answers to my questions.

Customer: replied 7 months ago.
Some unpaid tickets that he had..... he left the US in 2007 on his own will
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

It's a 10 year bar for being illegally in the U.S. longer than 1 year. So in 2017, the ban is over if he left in 2007. But what about the drug situation. What was that about?

Customer: replied 7 months ago.
Its en spanish.... Its says El solicitante usó una sustancia controlada. Usted puede obtener una nueva examen acción médica en esta fecha después de agosto 7 de 2017 para demostrar que usted ya no usas sustancias controladas
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Yes. That means that recently, maybe as of a year or two ago or so, he used a controlled substance. There is no immigrant waiver for that. He has to wait until that date to take a new medical exam and prove that he no longer uses any controlled substance. There is a waiver for the illegal time that he spent in the U.S., but at this point it is useless to file for it for two reasons, 1) the waiver can take 6 months or more to process anyway and his penalty is almost over and 2) even if the waiver was processed quickly, there is no waiver for the substance abuse. He has to wait until August 7, 2017 to take another medical exam and prove that he no longer uses any controlled substance. I am truly sorry for the bad news. I wish I had better news for you. As I said before, please do not shoot the messenger.

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 7 months ago.
Ok thanks
Expert:  Guillermo J. Senmartin, Esq. replied 7 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!

Customer: replied 7 months ago.
Do you know if I can update my email on my immigration paperwork just because I got locked out of that email and I've been trying to get ahold of them but I can't
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

You could contact the National Visa Center (NVC) and update the email with them. Here is a link:

https://travel.state.gov/content/visas/en/immigrate/nvc/nvc-contact-information.html

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

Expert:  Guillermo J. Senmartin, Esq. replied 7 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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