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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107564
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I recently had my tourist visa cancelled (it doesn't say

Customer Question

Hi I recently had my tourist visa cancelled (it doesn't say without prejudice, it's just cancelled) because I went to the US last year for 4 weeks and decided to stay more , I stayed for 5 months or a little more at a friend of mine, I haven't done anything ilegal , I didn't work there, I came back and decided to apply for a student visa in order to do the TOEFL test and being able to start my master degree. It was denied ! Same day . It turned into a nightmare. How long should I wait until apply for another tourist one ?
JA: Our average wait time is under 20 minutes. Sometimes it takes just a minute. More complicated questions that need more research might take an hour or two. I'd be happy to chat with you while you wait. The stories I've heard working here...
Customer: Great
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: No I don't have anything. My student was visa was denied 2 weeks ago and my tourist one cancelled without questions . I think they thought I was working there ... which is not true . I never overstayed
JA: Have you talked to a lawyer yet?
Customer: No I have not because I don't think there's nothing to do
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well after canceling my tourist visa they asked me if I had worked there I said no, because I didn't , I'm an interior designer, freelancer, but my family is Rich . I could afford 5 months there traveling because I paiid only 150 for rent (I stayed a friend in mine ) and because I had savings , I still do , I don't have bills in Brazil , my dad takes care of everything
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 3 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.

Your F-1 was denied and your B-2 was cancelled? Why was the F-1 denied? When do you need to come back to the U.S. and why?

Customer: replied 3 months ago.
my F-1 was denied, they didn't give many explanations. My B-2 was cancelled because I stayed a little more than 5 months. I didn't overstay tho.
After cancelling they asked me about working, how was the last time I worked here in Brazil , and I told them it was may
I'm a freelancer. The consul said I should get my life together before applying again!
I'm a freelancer, it won't change, I'm not gonna start for someone else.
I left my stuff in the US I came back to get a student visa to do the TOEFL test and being able to apply for my masters this year! Ive never done anything against the US laws.
How can I get my life together in Brazil if my life won't change ?
I have money
I can have my dad as sponsor
Customer: replied 3 months ago.
Working for **
Customer: replied 3 months ago.
I want to know if there's any chance of me getting another tourist visa soon.
The consul said "USA is not the only destination" that was true but because of that my chances of getting an Australian or Canadian student visa are none !
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Ok. 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.

Most of the time, the U.S. Embassy likes to see at least 6 months go by before applying for a B-2 tourist visa again. They won't think much has changed to make the feel that the person has significant ties to their home if they apply in less than 6 months. However, since you say nothing is going to change much in 6 months, then you could apply now or soon. It is up to you.

I will provide you with two links that may be helpful. The first is to an article that will explain what they look for when issuing a non-immigrant visa like the B-2. The second is a list of things that can be presented to prove non-immigrant intent and the strong ties to the home country:

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

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! 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 3 months ago.
I know what kind of documents I should show the immigration, but they didn't ask me anything !
I'm sorry but you didn't help me

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