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Jan 2012 i was deported from the states for overstaying my

hello JA: Hello. How can I...
hello
JA: Hello. How can I help?
Customer: jan 2012 i was deported from the states for overstaying my visa waiver (i'm british) because of the removal order ina 212 (a) and excess stay ina 212 (b) i have a 10 year ban. i'd like to return to the states as soon as possible...i have explore various routes..but don't know what to do.
JA: Have you been deported from the United States before?
Customer: no
JA: Have you talked to a lawyer?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: that i'm in reasonably good standing..i did have an R1 visa (in the US)
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Answered in 5 minutes by:
8/1/2017
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 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 3 months ago
ok..thank you.

Sorry about the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

What visa are you planning to apply for?

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Customer reply replied 3 months ago
i've looked at resolving the 212 issue..and to expedite perhaps an L1 or another R1 or opening a charity

Well, all of those are non-immigrant visas. You can apply for any of the, but you will also need a 212(d)(3) waiver which has no form, it is just requested verbally at the visa interview and it can either be granted 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

And this one:

https://fam.state.gov/fam/09FAM/09FAM030504.html

You can find more information here:

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

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.

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Customer reply replied 3 months ago
i knew this already...but thanks.
Customer reply replied 3 months ago
i understand the significance of applying for the waiver with an immigrant visa - intent (L1) versus niv i'm trying to understand if i can enter at all with a non immigrant visa and how long..versus finding an immigrant (repetition i know)

L-1 is still a non-immigrant visa, it just allows dual intent. The R-1 does not allow dual intent. So there are two types of visas primarily, immigrant intent which are basically the visas that lead pretty much immediately to a green card, and everything else which are non-immigrant intent visas. Under the non-immigrant intent visas, there are sub-categories which allow dual intent like the O-1, H-1B and L-1, and everything else which require non-immigrant intent only. There are some visas like the Ps and Es where technically they require non-immigrant intent only, but they are more flexible with them than let's say the B-2 or R-1 or J-1 or F-1.

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

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Customer reply replied 3 months ago
to expedite getting into the states..what is the best route..i need to be there soon.
Customer reply replied 3 months ago
i've understood the 212 waiver application is a minimum (on a good day) of 3 months..an L1 can be approved in 2 weeks ..do you know anything more than i on this?

What visa are you applying for? An L-1?

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Why did you leave a negative rating which is usually reserved for rude or unprofessional experts? Was I either to you? I hope it wasn't because I asked if you were applying for an L-1 since you already mentioned it. You also mentioned the R-1. Since you aren't charged per question or per response or per answer, I don't understand the negative rating when I was just trying to verify.

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I think you need to be a little more reasonable. You mentioned the L-1, the R-1 and opening up your own charity which is an investor visa regardless. I didn't deserve a negative rating just for trying to verify which visa you were really interested in. I hope you respond.

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Customer reply replied 3 months ago
you think i need to be a little more reasonable.
it is saddening to me when my words are not read..
.i found no "advice" from you..hence the poor rating..
i hope this clarifies.
regards.

Ok, I understand that, but I am trying to explain that you are NOT charged per question, response or answer, so what does it cost you to let me verify the visa that you want help with? U.S. immigration law is very complicated and it is best for me to focus on one visa type and if you then later want more information on another, that's fine. I have my way of working and responding and that has given me the highest customer service rating of all the active experts at 99.3% with more than 100,000 satisfied customers. So do you want me to continue to help you? I do want to turn that negative rating around if you would let me, but please understand that I am only human and getting a negative rating does upset me. It upsets me because I do a good job and have the track record to prove that I go out of my way to help customers of the site. Just let me know what you would like me to do.

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Customer reply replied 3 months ago
ok.

Thank you. The waiver that you need to come back to the U.S. as a non-immigrant is the 212(d)(3) waiver. It can be approved immediately when you go to the NIV interview for the L-1. So yes, you can apply for the L-1, it may take a few weeks, then at the interview you request the 212(d)(3) waiver verbally. There is no consular processing form that is used to apply for the waiver. You just do it verbally. Now you also mentioned expediting. I think if the L-1 is just going to take a few weeks, you probably shouldn't try to expedite unless you have an extremely urgent reason. Here are two links to that.:

http://www.uscis.gov/forms/expedite-criteria

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume1-PartA-Chapter12.html

Please let me know if you have follow-up questions and I will gladly answer them. Thank you for the opportunity.

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Customer reply replied 3 months ago
thank you..
to clarify..an L1 typically takes a few weeks? (expedition not needed)
i have an interview and verbally ask for the waiver...
do you have an estimate of time of this whole process?
and chances of success?

Typically, yes. What U.S. Embassy or Consulate will you be applying at?

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Customer reply replied 3 months ago
i don't know..
i'm banned from entering the states..is there an ideal?
i'm currently residing in vancouver.

Are you legally living in Vancouver?

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Customer reply replied 3 months ago
i have a student visa until nov 2018

Ok. And you will be able to prove that you have worked for a company outside of the U.S. for at least one year out of the last 3 years and that company will be transferring you to a affiliate, branch, subsidiary or similarly related entity in the U.S.?

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Customer reply replied 3 months ago
that bit..i'm not sure..i worked for myself i traded the forex..i have owned a screen printing business in the states but i left 5 years ago.

Well, for the L-1, if you have not worked for an employer for a full year out of the last 3 years that will transfer you to a related U.S. entity, then you have to prove that you own a company outside of the U.S. for one year out of the last 3 years and that you also own a company in the U.S. that you will transfer yourself to. Also, that company in the U.S. is going to have to have a substantial investment made it in. The law doesn't give a specific dollar amount, but most attorneys recommend a minimum of around $100,000 and the creation of a number of jobs for U.S. workers, probably 3 or more jobs to start with that do not include yourself or your family. Does this sound like a possibility for you?

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Customer reply replied 3 months ago
no, not easily.
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Customer reply replied 3 months ago
i've read these before. i had wondered about generating the paperwork to prove it.

Well, I can't help you falsify paperwork, so if this isn't going to be possible for you, then you have to look for a different type of visa.

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Customer reply replied 3 months ago
i've read these before. i had wondered about generating the paperwork to prove it.
..to clarify..the US counterpart if already in existence doesn't have to have the typical $100, 000.

If the entity is already in existence, it cannot be a shell company with no products, no inventory, no assets and no employees and no operating capital. They are going to look for all of those things that can add up to a substantial investment in the company.

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
Guillermo J. Senmartin, Esq. and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
ok..i appreciate your time and thank you.

You are very welcome. Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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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

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