Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am holding visa J1, subjected to 212(e) rule. My husband…

Customer Question
Hello, I am holding visa...
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: 3 years ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 1 minute by:
6/3/2015
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,835
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
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?
Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 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?
Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 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.
Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That doesn’t help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, “To finish…” I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.
Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 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!
Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,835
113,835 Satisfied Customers
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.

Guillermo Senmartin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

4,009 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

113,835 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
I have a quick question about J2 visa transfer to J1. I'm on
Hi. I have a quick question about J2 visa transfer to J1. … read more
Expert James
Expert James
Doctoral Degree
12,466 satisfied customers
I am married to a US citizen. We married here in South
Hi. I am married to a US citizen. We married here in South Africa in Sept 2017. My daughter & I went to US on tourist visa in Dec & came back end May. He filled the i-130 form & we have a receipt conf… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Background. My wife came to the US on a fiancee visa. We are
Background. My wife came to the US on a fiancee visa. We are going through the green card process. At the time of applying for her visa, we did not include her sons. They are 17 and 14 and unmarried, … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
This is regrding j1 visa, how does this work? will u place a
how does this work? will u place a online call or telephonic call after payment? … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,835 satisfied customers
I have a question on transfer from H1B to J2 visa. I am on
Hi I have a question on transfer from H1B to J2 visa. I am on H1B currently, but a training program I am looking at does not sponsor H1B. My wife is on J1 and I am thinking of switching to J2 to get E… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,835 satisfied customers
i came here on a j2 visa my exwife was j1 . i am now married
i came here on a j2 visa my exwife was j1 . i am now married to an americian citizen , i applied for adjustment of status , i got true at the uscis . but they said i needed a waiver to get the green c… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,835 satisfied customers
If the subject code in the DS2019 is not in the skill list of home country but the visa sa
If the subject code in the DS2019 is not in the skill list of home country but the visa says 212(e) applies, is he subject to the 212(e) rules.… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,835 satisfied customers
Good Morning I am a physician finishing up residency on J1
Good Morning I am a physician finishing up residency on J1 and My J1 waiver did not go well as the slots are filled up. My wife just matched for residency and she is planning to take J1. Can I convert… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,835 satisfied customers
In 3 days I am Going to be a U.S Citizen and I want to bring
In 3 days I am Going to be a U.S Citizen and I want to bring my wife(28 years old) and my Daughter(10 years old) to the USA. I want to know what is the quickest way bring them… read more
Expert James
Expert James
Doctoral Degree
12,466 satisfied customers
I dont understand the interaction between a K3 /K4 Visa for
I don't understand the interaction between a K3 /K4 Visa for my spouse and the I 130 Immigration Petition. The US Immigration website says that I can get my spouse to the US on a K3/K4 application pro… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
hi, expert, I am on a J1 visa and met my girlfriend who has
hi, expert, I am on a J1 visa and met my girlfriend who has a green card. If we marry, can I get a green card?… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,835 satisfied customers
is it realistic to file a I-129F to obtain a K3 and K4 visa
is it realistic to file a I-129F to obtain a K3 and K4 visa for myself and children? or what can be done? My husband of 2 years is a US citizen and had petitioned for all of us. I have an approved VIS… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
To everyone concerned: My name isXXXXX am going to
To everyone concerned: My name isXXXXX am going to inquire my visa issue. I am a girl. My hometown is Beijing, China. I came to Houston this April from Tokyo, Japan. I have a Master degree in financia… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Hi All, Can i change my status from j2 to any kind of visa
Hi All, Iam sponsored by Govt of India for Master program.Can i change my status from J1&J2 to any kind of visa because my new baby will expecting on July in USA .what should i do right now.please hel… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,835 satisfied customers
I applied for K3/K4 Visa for my wife and stepdaughter. We got
I applied for K3/K4 Visa for my wife and stepdaughter. We got aproval for both I-129 and I-130 on Jan 12. I know as of Febuary they will now turn I-130 approval into CR--1. I think we beet the deadlin… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
hi, i am originally from Jordan, currently a resident physician
hi, i am originally from Jordan, currently a resident physician on J-1 visa at the University of New Mexico (UNM), i am transferring to University of MA Internal Medicine Program in Massachusetts star… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I am a US citizen, my wife is from Mex and has her K3 visa,
I am a US citizen, my wife is from Mex and has her K3 visa, we would like to bring her son (my stepson) to live with us in the US. He has a mexican passport with my last name and birth certificate lis… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I am a UK citizen and just got engaged to a US citizen. We
I am a UK citizen and just got engaged to a US citizen. We plan to marry in UK in December and in US shortly after. I have a fellowship at a University due to start in January 2010, and have been told… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,835 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x