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TO GUILLERMO J SENMARTIN Dear Mr. Senmartin: Here is the…

TO GUILLERMO J SENMARTINDear Mr...
TO GUILLERMO J SENMARTINDear Mr. Senmartin:Here is the situation. A Zambian national arrived in the US on a B1/B2 visa in 2006. He had his status changed to an F-1 visa in 2007. In 2013 he graduated with a BSN (bachelor of science in nursing). He continued on with doctorate studies at a different university, and in 2015 married a US citizen. He did not register at the doctorate university as an international student because he was preparing papers for a green card. The green card application was never filed because his wife changed her mind and will not sign the papers. He is in the process of getting a divorce. Everything came to a head with his wife just recently so he’s anxious for direction. He realizes he is out of status. He wants to get back on track, resume and complete his doctorate studies.Is there a good chance he can renew his F-1 visa?Or, are there other options for him to get his greed card? His sister is here and she is a US citizen, but we both know that applying for siblings takes forever.
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9/20/2017
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,912
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Welcome back and thank you for requesting me by name. 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.

Has he let his status lapse longer than 5 months?

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Customer reply replied 11 months ago
I do not shoot messengers

How long has he been out of status? Has he filed anything with immigration that was denied?

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Customer reply replied 11 months ago
I'm not sure how long he's been out of status, but I do know he has never had any denial with immigration

Ok. Then he does not have at unlawful presence. He cannot get back into legal status through employment, investment nor study unless he leaves the U.S. If he leaves the U.S., he does not have a 3 or 10 year bar to coming back. He would just have to convince a visa officer that his overstay was brief, reasonable and will not happen again. If he wants to stay, he will need to consider Asylum or perhaps marrying another U.S. Citizen (for love, not papers) or fixing things with his spouse.

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 11 months ago
to confirm, there is no chance to renewing his F-1 status in the US?
Customer reply replied 11 months ago
just to remind you, I do not shoot messengers
Customer reply replied 11 months ago
His sister shares that Zambia does not take kindly to change of status from B1/B2 to F-1, that his changes for returning will be slim to none.
Customer reply replied 11 months ago
But I still don't shoot messengers

Correct, no chance of reinstating his F-1 in the U.S. So even though he may have a slim chance outside, he has no chance inside unless he could prove he was in a coma in the hospital or something. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,912
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Customer reply replied 11 months ago
Here is a question from his sister who is with me right now: If he does not have an unlawful presence, and his sister files a petition for him will his out of status be threatened during the wait? I know it takes 5 years for an application for a sibling to be reviewed.Now this question is from me: I'm a bit confused - if he does not have an unlawful presence, yet he's out of status? Does out of status mean he has an unlawful presence?

It takes 12 years for the petition to be usable. It is not worth it because if she files that for him, that's proof of immigrant intent so it would prevent him from getting a B-2, an F-1, a J-1, an R-1, and sometimes an E-1 or E-2. So I wouldn't do it. Also, he IS out of status, he is just not accruing unlawful presence yet to the 3 or 10 year bar. Since he is out of status, even 12 years from now when the petition through his sister is usable, he would have to leave to use it. I mean if he can avoid unlawful presence for 12 years, meaning no one catches him, then maybe 12 years from now he could get Residency. Thank you for the positive rating. And than you for always putting FOR GUILLERMO in the subject line and message box. Good luck to you!

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