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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108974
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am holding visa J1, subjected to 212(e) rule. My husband

Customer Question

Hello, I am holding visa J1, subjected to 212(e) rule. My husband is US citizen and we filled I-130 petition for my son -minor child (my husband stepson not in US now) and it is still pending process. We want to bring our son to US; what kind of visa we can apply? USDA (my host) already issued DS2019 for my son to get J2 visa, he also got return ticket however I heard that one I-130 is filled it almost impossible to get J and B visa. Since I m not holding visa K3, can he get visa K4; is there anyway to get him to the US without waiting for I-130 result? Thanks
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Welcome to JustAnswer! My name is***** I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. 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 at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
Did your son receive the J-2 visa AND use it to enter the U.S.? If he did, he will also be subject to 212(e). Also, has an I-130 been filed for you?
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.
I still need to know, did your son receive the J-2 visa AND use it to enter the U.S.? Has an I-130 been filed for you?
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.
If your son received the J-2 visa to enter the U.S. and he used it to enter the U.S., then unfortunately, he will also need a waiver of the 212(e) requirement. Here is a link:
http://travel.state.gov/content/visas/english/study-exchange/student/residency-waiver/eligibility.html
If he did not use the J-2 to enter the U.S., then your husband can file for him as a step-child simply by filing an I-130 and doing consular processing which will take about 9 months to a year. He should also file an I-130 for you because they may want you to prove your marriage to your husband is real first before they will want to approve the I-130 for your son.
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Expert:  Guillermo J. Senmartin, Esq. replied 2 years 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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