Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law

I was on the J1 VISA and on August, 2015 I applied for a

Customer Question
Student VISA (F1). On February...
I was on the J1 VISA and on August, 2015 I applied for a Student VISA (F1). On February 11, 2016, they denied my Form I-539, Application to Extend or Change Nonimmigrant Status because the school cancelled my SEVIS record by mistake. I had the opportunity to do a motion on FORM I-290B which was also denied saying that the letter that the school wrote it was not a new fact. I have some questions, for example:
Do I have any other option? Maybe an appeal?
Should I leave the country? How many days do I have?
Submitted: 1 year ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 3 minutes by:
8/22/2016
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,001
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified

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.

Which box did you mark on the I-290B, to reopen, reconsider or appeal? Also, is your J-1 subject to 212(e)?

Ask Your Own Immigration Law Question
Customer reply replied 1 year ago
To reopen the case. I do not know if the J1 was subject to 212(e) . What do you mean? I was on the J1 as an Au pair
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago

Au Pairs usually don't have the 212(e) restriction, but you can look in your passport where your J-1 visa stamp is at, or your DS-2019 if you have it.

Ask Your Own Immigration Law Question
Customer reply replied 1 year ago
It says only J1/ DS. What difference does it make in the fact that I got my VISA denied?
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago

Because you are asking me your options and if you are subject to 212(e), marrying a U.S. Citizen would not be an option. The big problem I see here is that you have been accruing unlawful presence since February 11th and that's more than 180 days. You are also passed the 30 days for appeal period. When did your J-1 period actually end? When did your grace period end?

Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year 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.

Are you subject to 212(e)?

Ask Your Own Immigration Law Question
Customer reply replied 1 year ago
Sorry I wasn't able to answer. I got my VISA denied on February but I had the option to do the motion. That is the reason why I did not leave the US. How am I suppose to wait for the motion if I had to leave? I did not have the choice to appeal so what 30 days do you mean? My J1 expired on August, 2015 before I applied for my F1. The only fact that I am still here is because I was waiting for the Immigration's decision. Do you think I still have any other option or
I have to leave right away?
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago

Unfortunately, you have accrued more than 180 days of unlawful presence since February 11th. One of the drawbacks of an I-290B is that if you lose, your unlawful presence does not count from the date that you lose the I-290B. It counts from the date of original denial. At this point, if you leave, you have a 3 year bar to coming back. You would need a waiver to come back to the U.S. If you decide to stay, your options are the following:

1) Wait for the immigration reform that comes out. If it is approved the way that they are intending, then you may be able to get Residency if you entered the U.S. early enough.

2) Apply for Asylum (you had to have done this within the 1st year of being in the U.S. unless there is a credible excuse or changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if you fear to return to your home country because you believe that you will be specifically targeted due to your race, religion, nationality, social group or political opinion and that you run a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, you would have to prove that you have been at least 10 years in the U.S. AND you must also prove that if you are deported, a U.S. Citizen or Lawful Permanent Resident that depends upon you will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get.

3) If you marry a U.S. Citizen (for love, of course), you could file for Residency without having to leave the U.S. and the same if you had a U.S. Citizen son or daughter over 21 that petitioned for you.

If you decide to leave now, before reaching 1 year of unlawful presence (February 11, 2017), to come back within 3 years (you have a 3 year bar) you would need a visa and 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):

https://fam.state.gov/searchapps/viewer?format=html&query=212(d)(3)&links=212,D,3&url=/FAM/09FAM/09FAM030503.html#M305_3_3_A

or on form I-192 which can be found at www.uscis.gov/forms. You can find more information here:

http://www.ilw.com/articles/2003,0930-labrie.shtm

If you leave after February 11, 2017, it is a 10 year bar. I am truly sorry. I wish I had better news for you.

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.

Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago

Hello Caroline. 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
Ask Guillermo J. Senmartin, Esq. Your Own Question
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,001
110,001 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

Guillermo J. Senmartin, Esq. 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

3,969 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 J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

110,001 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
Does the immigration court have authority to decide
Does the immigration court have authority to decide constitutional issues? … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
It seems my brother got into Elizabateh Immigration
Hi, it seems my brother got into Elizabateh Immigration Detention Center. He called his wife but after 2 mins the call broke, so we do not know what happened with him We do not have any info about him… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Need help with immigration question. Is it fine to travel
Is it fine to travel international when H1B extension application is pending with USCIS … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,357 satisfied customers
Immigration. I work with a gentleman that is a legal
Immigration. I work with a gentleman that is a legal resident and his children have legal residence. But his wife does not and her visa runs out at the end of the year she is from El Salvador. What ar… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,357 satisfied customers
I had some questions specific to an immigration petition and
Hi Pearl, I had some questions specific to an immigration petition and hopefully some guidance as to our situation. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,357 satisfied customers
It's about immigration. I'm a permanent resident since 2011
I'm a permanent resident since 2011 married to a cityzen for 9 years but divorcing at the moment… read more
LegalGems
LegalGems
Juris Doctorate
10,224 satisfied customers
Looking for a immigration lawyer to help with b2 visa
looking for a immigration lawyer to help with b2 visa questions … read more
Ely
Ely
Counselor at Law
Juris Doctor
3,969 satisfied customers
My father is years old and he immigrated to the USA on
My father is 69 years old and he immigrated to the USA on family based Green Card 3 months ago. I am a US citizen and sponsored his green card. He now has a social security number and Driver's license… read more
Shernette Noyes
Shernette Noyes
Attorney
Doctoral Degree
1 satisfied customers
Looking to find a lawyer who specializes in immigration law.
Looking to find a lawyer who specializes in immigration law … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,001 satisfied customers
US H1b/GC Immigration: Current Immigration Status: GC -
US H1b/GC Immigration:Hi, Current Immigration Status: GC - Labor applied in Dec2014 from Employer A, I-140 approved in Jan 2016. (more than 180 days after approval of I-140) H1B - 6 Year cap was endin… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Thank you. I have an immigration question. This is about a
Hi thank you JA: What state are you in? It matters because laws vary by location. Customer: Yes I have an immigration question JA: Have you talked to a lawyer yet? Customer: No JA: Anything else you w… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
What is involved in being a benefactor for an immigrant to
what is involved in being a benefactor for an immigrant to the USA … read more
Bill Attorney
Bill Attorney
law
1,429 satisfied customers
One of the spouses has a case in the immigration office
One of the spouses has a case in the immigration office waiting for the Green Card on the basis of a join marriage. What happens if they divorce before he/she receives a Green Card? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,357 satisfied customers
How the Administrative Proceeding take on Immigrant visa
How long the Administrative Proceeding take on Immigrant visa after interview. … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,001 satisfied customers
What are the charges involved to talk to an immigration
what are the charges involved to talk to an immigration attorney … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,357 satisfied customers
Is an expired immigration card a violation if the person
hello is an expired immigration card a violation if the person decides not to validate their green card? … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I need an immigration attorney, I hired an immigration
I hired an immigration lawyer but he sends me things I do not understand. I need to find a new lawyer one that will talk to me … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,001 satisfied customers
My immigration case was dismissed by the immigration judge i
my immigration case was dismissed by the immigration judge i was a legal permanent resident what do i have to do to get it back now that my removal hearings were terminated … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,001 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