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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109627
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am having a f4 visa interview tomorrow morning. just

Customer Question

hi. i am having a f4 visa interview tomorrow morning. just wonder, what questions they gonna ask for..and how difficult...getting nervous.
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: I am a Canadian. My interview date is tomorrow morning. Just picked up the medical results today all the paper work is ready
JA: Have you talked to a lawyer yet?
Customer: not yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 12 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 12 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.

A U.S. Citizen sibling has petitioned for you?

Expert:  Guillermo J. Senmartin, Esq. replied 11 months 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 could have helped you had you responded. What happened at the interview?

Customer: replied 11 months ago.
sorry for late reponse. somehow I have just received the message now.
My immigration visa interview went horrible. Consulate officer denied my visa and issued me 221g white form Administrative Processing and he said it could take upto 60 days to make a decision. I am tottaly shock and stuck in Montreal.
In 2008 I was pulled over by police for drunk driving in Charlotte NC and they put me in a jail for that on Saturday morning. There was ICE in the jail and they asked me how did i enter USA and I told them I am a Canadian therefore cross the border by car a few months ago. They asked me bring the Canadian Passport which my brother brought it next morning and showed to ICE office. Somehow ICE office put me deportation process and making documents. Anyhow, I got out of jail on Monday morning and went to court in about 3 weeks. My case was dismissed as well as court hearing was never initiated.
Do you think US Consular can reject my F4 Immigration Visa eventhough I was never convicted?
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

What does the 221(g) refusal say on it? They may still be deciding whether or not they will approve you? Did you turn in certified copies of the police report and court disposition to prove that you were never convicted?

Customer: replied 11 months ago.
Below is 221g refusal worksheet."Case Number :
Name :
"This office regrets to inform you that your visa application is refused because you have been found ineligible to receive a visa under section 221(g) of the Immigration and Nationality Act. Please be advised that for US visa purposes, including ESTA (https://esta.cbp.dhs.gov/esta), this decision constitues a denial of a visa
Section 221(g) prohibits the issuance of a visa to anyone who whose application is incomplete or otherwise does not comply with the provisions of the Immigration and Nationality Act or related regulations.Administrative ProcessingAdministrative processing often lasts about 60 days, but in some instances, it can take several months or even years. While we cannot predict when the processing of your visa will be completed, please be assured that the Consular and the U.S Department of State will do all we can to see that the visa is adjudicated as soon as your qualifications have been verified. Applicants, their families and/or their legal representatives may check the status of the case at the following websit : https://ceac.state.gove/CEAC"All the original police certicate from USA and Canada has been submitted and all the original court documents were submitted as well. I have a once conviction of DUI in Canada back in 1992. Hope this does not affect their decision.
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Well, you have two options:

1) Wait to see what else they require from you to complete processing and unfortunately, I cannot tell you how long that will take, or,

2) Withdraw the visa application, have your brother file an I-824 with USCIS to restart the process to get the visa (no, you do not have to wait for a visa to become available again that took many years, this is just to restart the process at the U.S. Embassy or Consulate).

The problem with #2 is that because we don't know what else they need or what is their concern, restarting the process to get the visa may run into the same problem as you are having now. So it is better to just wait. They may have a concern that because you had something related to alcohol in 1992 and another in 2008 that you may have an alcohol abuse issue. Or if you failed to disclose either or both issue, you could have an issue with misrepresentation. So we have to wait and see.

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, you may have to scroll up to the top of the page or 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.

Customer: replied 11 months ago.
Thanks for your response.
At the last stage of interview, I asked Consular, do I have to provide any additional docs and he said no. He took my passport and said to me " you shouldn't have a problem"..
If my visa is denied, does that mean I can no longer enter USA?
Also, our family is going to have 5th years of anniversay of my father's death in Charlotte NC and I really like to go.
Is there anyway I can request US Consular give back my passport during this wait time?
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

It depends on why they deny you. If they deny you because they believe you have an issue with alcohol abuse, that could make you permanently inadmissible to the U.S. which means you would need a waiver if you wanted to visit. As far as visiting now, I doubt they would approve you to enter with a pending immigrant process. As far as the passport, you can always apply for a new one through your government. What your brother can do is speak to his U.S. Congressmen and get them involved to try to push the case along. Here is a link for him:

https://www.usa.gov/elected-officials

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Customer: replied 11 months ago.
thanks.
if they deny me is there anyway my brother can re apply for this immigration visa? such as I 824?
if so, do you know approximatley how long does it take?
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Yes, you can do an I-824 to reuse the I-130.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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