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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108699
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am an Indian. I was in US on H1b visa from May 1999 to Dec

Customer Question

I am an Indian. I was in US on H1b visa from May 1999 to Dec 2003. and Aug 2007 to Oct 2009.
I came to US on B1/B2 Visa in Mar 2012 and applied asylum in July 2012. I was in US till May 2013. When asylum is under process, I went back to India in May 2013. Again I came to US in 15th Jan 2014 on B1/B2 visa, but at port of entry I was detained becuase my b1/b2 visa was cancelled in the records when I applied asylum, I was denied to enter US AND detained me, then I reapplied asylum and I was in detention center for 70 days, then I did not get asylum was removed from country by judge order, then I was deported from US on Mar 23 2014. I was banned to enter US for 10 years.
Moreover my daughter is US citizen, she was born in 2000.She is in India with me.
I am software programmer. Now I am thinking to come to US on H1b visa agin. Is it possible to come on H1b visa and If possible then how to come to US on H1b visa.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 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.

It is possible. If you found an employer, you would file a new H-1B and then if approved, you would need a 212(d)(3) waiver which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link):,D,3&url=/FAM/09FAM/09FAM030503.html#M305_3_3_A

You can find more information here:,0930-labrie.shtm

If you get the waiver approved, you would be able to enter the U.S.

Unfortunately, your U.S. Citizen daughter cannot help you until she turns 21. Your 10 year penalty must also pass as well.

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, please 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.

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello Vinay. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello Vinay. Thank you for your kindness and respect. Good luck to you.