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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109325
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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R-1 visa holder from Serbia has an approval notice valid from

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R-1 visa holder from Serbia has an approval notice valid from 12/27/11 to 6/27/14. Visa itself is valid until 2/14/13. He entered on 4/18/12, with I-94 valid until 4/17/15. He then travelled outside of U.S. and was admitted again on 2/26/13 (12 days after visa stamp expired), with I-94 valid until 6/26/14. He travelled out of U.S. again and attempted to return to U.S. on 9/26/13 from Jamaica. He wasn't allowed to leave Jamaica for the U.S.

Appears U.S.Embassy in Kingston, Jamaica doesn't process R visas for Serbian nationals. Does this person need a new I-129 or does he just have to renew his visa? Appears that the only countries that will do either are Mexico, Canada and his own country, Serbia. What is the fastest way for him to return to the U.S. legally ?
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.

How was he allowed into the U.S. on an expired visa stamp?
Customer: replied 3 years ago.

I don't know. Oversight by someone...

Ok. Is there some medical emergency or something like that to necessitate him entering the U.S. quickly?
Customer: replied 3 years ago.

No, no emergency. And, from what I can see, emergency relief is only available to nationals of Jamaica and some other nearby islands. It's employment that requires his return, but it can't be considered an emergency.

That's what I was afraid of. His best bet is to go to Serbia and get stamping there. He would not need a whole new I-129 because his approval is until 2015. So he should just apply for a new visa stamp, not a new status. I do not think that it would require more than 2 to 6 weeks to get the appointment in Serbia. He can try Mexico or Canada, but there is no guarantee that they will take him for stamping. They could and probably would, but ther eis no way to guarantee it. It would probably be cheapest for him to go to Mexico. He may want to contact them first and explain the situation and make sure they can help before he spends the money on a plane ticket to Mexico. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the often unjust laws which I have no control over) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you feel I have earned one, bonuses are always appreciated. To request me in the future, make sure you type: FOR GUILLERMO on the subject line. Thank you!
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Customer: replied 3 years ago.

Thank you. But just to clarify - you made mention that "his approval is until 2015." 2015 is the date indicated on his I-94 after the last erroneous entry. Isn't the date on the approval notice (6/27/14) the date that is relevant here?