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jan22

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jan22 last won the day on July 24 2016

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About jan22

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  1. Of course the denial will have an impact on future GC processes if you continue doing the same action for which it was denied (continuing to use CPT). You need to go get the H1 visa and re-enter the US in proper status.
  2. Sorry --- this is completely wrong! All time physically spent in the US --- in any status or even undocumented --- counts toward the physical presence requirement. Any time a person was physically in the US -- without documents, as a tourist, while adjusting status, as a green card hold r r, whatever -- counts. It's exactly what the label says -- physical presence. However, if both parents are US citizens at the time of the child's birth, the requirement becomes residence instead of physical presence. At least one of the parents must prove they resided -- lived -- in the US. There is no required amount of time, just that it be residence and not just visiting the US from a residence abroad.
  3. You're very welcome. I suspect your attorney, if he has done E visas before, has primarily done E2 treaty investor visas -- they are much more common and easier to document, especially for a start-up. Good luck on getting some more business transactions going!
  4. Just to clarify one point -- a 214b refusal is used for more than just lack of personal ties. It is also used for "inadequate documentation of qualification" for the visa category being applied for -- in your case failing to meet the requirements for an E1 based on not having shown substantial, on-going trade. BTW, a lot of what your lawyer said would be good for your case would be -- if you were applying for an E2 investor visa; it is far less applicable for an E1. An E1 is really hard to obtain for what you are saying is a startup. The standard used is that the trade should be "...a continuous flow that involves numerous transactions over time." One import transaction certainly will not meet that requirement. Regulations specify that the trade must already be in progress on behalf of the individual or firm. The monetary value of individual transactions is not as important in many ways as the number of transactions, i.e., a small business that has numerous small transactions can qualify as well as a large company with a smaller number of large transactions. To meet the E1 requirement, there needs to be more transaction between the two countries. It doesn't have to be with your husband's company -- m aybe you can find other US companes that want to import the Greek products.
  5. Just to confirm -- your spouse needs to be the petitioner, since they are hIs/her parents. And, your spouse is now a US citizen, right? Only US citizens can petition for their parents.
  6. jan22

    B1 denied

    As others have said (multiple times), you will need to reapply for ESTA after you have been denied a visa. It is likely that ESTA will also be denied. Given the amount of time you have spent in the United States in the past year, it would appear to many -- including immigration and consular officers -- that you may have been actually working at the business in which you are a partner. That is not allowed on either a B-1 or ESTA. What have you been doing to "develop" the business, for example?
  7. One correction to this info -- she does not get a waiver before she applies for a visa. She applies for the visa, the consular officer decides she qualifies for the visa on all grounds other than the overstay ban, and then processes a waiver application. And, SusieQQQ is right -- if spouse is on a TN visa, the correct category to apply for is a TD visa, not an H4.
  8. In the US visa world, "solicitud" is better translated as "application", referring to the visa application and not the petition; petition would generally be "peticion". (Just adding this as general info for future concerns.)
  9. Big difference in accuracy between videos made by US Embassy and those made by immigration lawyers and visa "consultants". Need to look at sources before relying on/totally accepting information. Almost none of the "big mistakes" in the form discussed in the attached video will effect whether a visa issued or not...and at least one is close to committing fraud/misrepresentation.
  10. Regardless of which position you accept, even filing DCF you will most likely not be able to complete the process and have a visa in-hand in less than three months from now.
  11. While the part of the answer that says in-laws do not count is correct, the rest of the response is not. It does not matter if the relatives can file for an IV or not -- you need to list all direct relatives. For example, a sibling who has a green card cannot petition for you, but you still need to list that sibling.
  12. Plus, the timelines for paren't vs siblings will mean that both parents will have already immigrated and be counted as family members long before you would need to provide the I-864 for when your sibling immigrates.
  13. The current appointment wait time is "only" 57 calendar days -- way down from what it was.
  14. Quick clarification -- for two US citizen parents, the requirement is actually residence, not physical presence. In other words, at least one of the parents had to have lived in the US, not just visited. It can be a short amount of time, at any time in his/her life, but must clearly be residence. This is easily documented, though, by things like school records (diplomas, etc.) at any grade.
  15. Even if you get your Consent to Reapply for the deportation/ removal approved (which is extremely doubtful, IMO), that doesnt get you a visa. You would then need to have a consular officer decide you qualify for a new student visa, including over-coming 214b and meeting the financial requirements for the F1. IF the CO does decide that you do qualify on the basic visa requirements (an almost non-existent chance, again, IMO), they would also need to determine if any other ineligibilities exist. You would most likely also then be found ineligible under 212(a)(6)(G) -- student visa abuser -- for violating the conditions of your previous student visa. That finding would make you inadmissible for 5 years from the date of the violation. If it has been less than 5 years since your violation, no visa -- and there is no waiver available for a 212a6G finding. I would recommend you save yourself a lot of time, money, and anxiety and find a school at home to attend.
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