Guzmán Ariza: US Immigration Services

[Fabio J. Guzman]

GUZM?N ARIZA (Guzman Ariza Law Firm in the Dominican Republic) has recently signed a cooperation agreement on US immigration matters with MALCOLM-CISNEROS, a US-based law firm specializing on US immigration law. The services offered through the agreement are:

Non-Immigrant Visas:

K-1, Fianc?(e) of U.S. Citizen
K-3, Spouse of U.S. Citizen under the LIFE Act.
B-1, Temporary visitors for business
B-2, Temporary visitors for pleasure.
P-1, Internationally recognized artists, athletes and entertainers.
F-1, Academic students.
H-1B, Specialty occupation professionals and fashion models.
H-2B, Nonagricultural temporary or seasonal workers.
J-1, Exchange visitors and scholars.
L-1A, Intra-company executives and managers.
L-1B, Intra-company transferees with special knowledge.
O-1, Aliens with extraordinary ability.

Immigrant Visas:

Family-based petitions, (I-130, I-485 principal)
Employment-based petitions (PERM, I-140, I-485)
Investors.
Naturalization.

Special Concerns:

Waiver of Inadmissibility
Removal Defense.
AAO and BIA Appeals
Derivative Citizenship
Child Status Protection Act (CSPA) Issues
Motion to Reopen

Those interested in these services may write to info@drlawyer.com

 

[AnnaC]

Fantastic news Mr Guzman!

I need to ask, will questions about immigration to the US be answered here on DR1 by you or anyone else in your firm?

 

[dlk1260]

Great Info! Sign me up! I would really like to learn more about the "K-3, Spouse of U.S. Citizen under the LIFE Act." Plus, being that I am living and legally employed here now under a Dominican Business Visa, I would like to learn more about the process of now getting my residency completed. Will my visa status help??
Many Thanks!

 

[Robert]

Fantastic news Mr Guzman!

I need to ask, will questions about immigration to the US be answered here on DR1 by you or anyone else in your firm?

That would be cool, someone from the firm answering questions.
I have no doubt it would get a lot of traffic

 

[Fabio J. Guzman]

Beginning next year, Maria De La Luz Hernandez, head of Malcolm-Cisneros’ immigration department, will be answering your questions.

 

[slas7713]

Cr1

I noticed the CR1 Spousal Visa wasn't included in the list. Any reason why this was excluded as this is what I'm interested in getting help with.

Thanks,

SL

 

[M.Hernandez]

Good evening SL, the CR1 Spousal Visa would fall under the Family Based petitions. We do handle these petitions. There are several methods of obtaining your spouse's permanent residency. Your options include obtaining a K-1 Fiancee petition (assuming you are not yet married) which would allow your fiancee to enter the U.S. for a period of 90 days in order to marry and once married you can then proceed to file the green card petition in the U.S.

If you are already married you can file for a K-3 visa simultaneously with the petition detailed below. This will allow for faster results.

A second option is to file an Immigrant Petition while your spouse (assuming you are the petitioner) is in the D.R. This would require a three part process. Upon approval of the Immigrant Petition, the National Visa Center will collect original documents and fees for your Green card petition. Upon receipt of all fees and documents, the applicant spouse will receive an appointment notice for the Green Card interview in Santo Domingo. This process usually takes about 7 to 8 months to complete.

 

[M.Hernandez]

Great Info! Sign me up! I would really like to learn more about the "K-3, Spouse of U.S. Citizen under the LIFE Act." Plus, being that I am living and legally employed here now under a Dominican Business Visa, I would like to learn more about the process of now getting my residency completed. Will my visa status help??
Many Thanks!

Hello, it would be my pleasure to provide you with information regarding the K-3 visa. This visa allows an individual to enter the U.S. legally as a temporary resident. It allows the person to travel and work in the U.S. However, it is not permanent. In order to obtain your Permanent U.S. residency you must file an Adjustment of Status petition.

I hope this information helps. Please feel free to post any specific question you may have.

 

[avi8or57]

I'm a US citizen (retired NYC Police Officer) legally married to a Dominican woman and I have a beautiful daughter together with same. We have been married six years now, and I'd like to take my wife and daughter to the States on a B-2 (Tourist Visa). My wife has never left the country before and my daughter has her US Passport and Certificate of Birth Abroad from the US Consulate in SD. I just opened a bank account in my wife's name and she is not employed, I support her totally. We have no intention of staying in the US, so is the process complicated or can I go it alone without a lawyer? I heard that lawyers can no longer accompany applicants at the US Consulate office for interviews, is this true? Can you help me with this?

 

[M.Hernandez]

I'm a US citizen (retired NYC Police Officer) legally married to a Dominican woman and I have a beautiful daughter together with same. We have been married six years now, and I'd like to take my wife and daughter to the States on a B-2 (Tourist Visa). My wife has never left the country before and my daughter has her US Passport and Certificate of Birth Abroad from the US Consulate in SD. I just opened a bank account in my wife's name and she is not employed, I support her totally. We have no intention of staying in the US, so is the process complicated or can I go it alone without a lawyer? I heard that lawyers can no longer accompany applicants at the US Consulate office for interviews, is this true? Can you help me with this?

Dear Sir,

Thank you for your inquiry. First of all, in my opinion, the tourist visa is probably among the most difficult visas to obtain due to the discretion that the Consular Officers have to approve or deny them. Although the immigration regulations clearly indicate that the Officers should base their approval of such petitions on the TIES an individual has to their home country...often times this does not happen. Most of the time the approvals are based on an applicant's financial worth...

Having said this, I agree that there is no need for you to obtain legal representation if all you are seeking is the tourist visa. Below, kindly find the link that will direct you to the appropriate government site that will walk you through the steps. Just remember that it is KEY that you provide sufficient proof that your wife has NO INTENT to stay in the U.S. Such proof may include the title to your home, proof of your employment in the DR, proof of other assets that you may have...in the DR. The more ties you can establish to the home country, the likelier it will be that this visa is granted.

Embassy of the United States Dominican Republic - How To Apply

How To Apply

While individual experience may differ, here are the basic steps you should follow and what you can expect throughout the application process:

?Step 1: Learn More About Non-Immigrant Visas
?Step 2: Make an Appointment
?Step 3: Download & Complete the Application Forms,
?Step 4: Gather Supporting Documents
?Step 5: Pay the Fees
?Step 6: Have Your Photo Taken
?Step 7: Submit the Application

On the other hand, you may also consider the K-3/Permanent Residency Petition. This would allow your wife to obtain a green card for 10 years. She would be able to travel back and forth as needed...if she intends to remain in the DR for more than 1 year, she can obtain a re-entry permit for 2 years which would allow for her to keep her US Permanent Residency status. Therefore, consider this as an option should the Tourist Visa be denied.

As far as your inquiry regarding lawyers being able to accompany clients to the interview, well let me tell you that I have not had an issue to this date in attending the interviews with my clients. The last interview I had at the U.S. Embassy in Santo Domingo was two weeks ago. Therefore, this is erroneous information. However, it is likely that they DO NOT ALLOW attorneys for Tourist Visa applicants...

 

[Frank the Tank]

I'm a US citizen (retired NYC Police Officer) legally married to a Dominican woman and I have a beautiful daughter together with same. We have been married six years now, and I'd like to take my wife and daughter to the States on a B-2 (Tourist Visa). My wife has never left the country before and my daughter has her US Passport and Certificate of Birth Abroad from the US Consulate in SD. I just opened a bank account in my wife's name and she is not employed, I support her totally. We have no intention of staying in the US, so is the process complicated or can I go it alone without a lawyer? I heard that lawyers can no longer accompany applicants at the US Consulate office for interviews, is this true? Can you help me with this?

Sorry to tell you, but you are wasting your time. She will not get a tourist visa. The Consulate will take into consideration that you are married and have a child in common. Their thinking is that once they are in the US, they will not leave and live with you. Apply for residence visas for them. The process is running about 10 months for a CR-1. If your relationship is legit, they will get them no sweat. If not, do you plan to retire to DR? How much time do you have left?

 

[avi8or57]

Thank you Mr. Hernandez for the wealth of information and advice you posted, truly appreciated!

 

[M.Hernandez]

Thank you Mr. Hernandez for the wealth of information and advice you posted, truly appreciated!

It is my pleasure...

I hope you don't mind me sharing this quote with you...

"Many of life's failures are people who DID NOT realize how close they were to success when they gave up." ---Thomas Alva Edison

Have a wonderful day!

M. Hernandez, Esq.

 

[windeguy]

No chance to get a visitor's visa for a Dominican Spouse by applying directly for one

I'm a US citizen (retired NYC Police Officer) legally married to a Dominican woman and I have a beautiful daughter together with same. We have been married six years now, and I'd like to take my wife and daughter to the States on a B-2 (Tourist Visa). My wife has never left the country before and my daughter has her US Passport and Certificate of Birth Abroad from the US Consulate in SD. I just opened a bank account in my wife's name and she is not employed, I support her totally. We have no intention of staying in the US, so is the process complicated or can I go it alone without a lawyer? I heard that lawyers can no longer accompany applicants at the US Consulate office for interviews, is this true? Can you help me with this?

I know from personal experience that you will have no chance of getting a visitor's visa to the US for your wife. You can apply as many times as you want and you will be refused.

That said, there is only one way that I am aware of where you can get visitor's visas for a spouse and their under 18 year old Dominican children and it is ugly. You have to apply for residency for them in the US. Once residency is granted they can trade the residency in for 10 year renewable visitor's visas in Santo Domingo. I know of this "round about" method of getting a visitor's visa for my wife from first hand experience as well. I did all of the paperwork myself. It is not difficult, just tedious.

 

[La Profe_1]

This is simply a story from someone I have met. He is an American living in the outskirts of Santiago who claims that his Dominican wife was given a visitor visa when he had to return to the US because his son (from a previous marriage) was dying. They traveled together and stayed there until after the funeral (from what I understand, the son was in Hospice).

Perhaps the visa was given because of the situation, I don't really know.

 

[M.Hernandez]

Thank you all for sharing your views and experiences on this specific situation. However, let us now focus on the actual regulations that are to be followed by Consular Officers, as they pertain to B-2 Visitor visas for spouses of U.S. citizens.

SPOUSE OR CHILD OF U.S. CITIZEN OR RESIDENT ALIEN --U.S. DEPARTMENT OF STATE FOREIGN AFFAIRS MANUAL (9 FAM 41.31 N14.3)

"An alien spouse or child, including an adopted alien child, of a U.S. citizen or resident alien MAY be classified as a nonimmigrant B-2 visitor if the purpose of the travel is to accompany or follow to join the spouse or parent for a TEMPORARY visit."

Based on these regulations, if you are able to prove that your wife & your ties to the DR are strong and that your visit to the US is temporary...you may have a possibility to obtain a B-2 visa for your wife. Kindly note that the operative word continues being, "MAY". As previously stated...these visas are discretionary...

Please post any other questions/comments or concerns that you may have.

Maria D. Hernandez, Esq.

 

[Criss Colon]

To Call Themselves,"The US Immigration "SERVICE" Is RIDICULOUS !!!!!!!!

It has been my experience,as a native born citizen of the United States of America,over the past 20 years,that "they" should call themselves, The US Department of Immigration "DIS"-Service!!!!

The problem is the entry level officers who don't seem to like Dominicans very much.They also don't seem to like the fact that many couples who apply are not of the same ethnic group and ,therefore,their children are "Bi-Racial".
I have seen it too many times for it to be,"Just ME"!

I know why they sit behind 3 inch bullet proof glass!
I would VERY Definitely use the services of an Immigration Law office.That way
,when you appeal/complain about why you were turned down/ treated,you will have a well documented "Paper Trail" to present,showing that you did everything,"By-The-Book",and were still turned down.

I have lived in several countries,all around the World.I often wonder what purpose the embassies/consuls serve??? The don't seem to be there to benefit it's own citizen when they need help.Must be just another way to inflate the size of government,and reward big donors with great jobs living LARGE in foreign countries.In the DR,the Americans who work in the consul recieve
Hardship" pay.If the DR is such a "Hardship" post,how come so many tourists from around the Globe spend thousands of dollars to come here for a week or two of"R&R" ????????????????

Makes ya wanna go,"HHUUUUUUMMMMMMMMMMMMMMMMMMM?"

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[peep2]

Sorry to tell you, but you are wasting your time. She will not get a tourist visa. The Consulate will take into consideration that you are married and have a child in common. Their thinking is that once they are in the US, they will not leave and live with you. Apply for residence visas for them. The process is running about 10 months for a CR-1. If your relationship is legit, they will get them no sweat. If not, do you plan to retire to DR? How much time do you have left?

As Frank says the Consulate will deny the visitor visa and tell you your wife needs to get an immigrant visa (green card). Once you have paid the exorbitant fees to acquire the immigrant visa the Customs and Border Protection agents will diligently protect the U.S. border by giving your wife a lot of sh*t every time she tries to enter the country because she has chosen to spend more of her time in the Dominican Republic than in the home of the brave. I predict you will soon come to despise the State Department.

 

[Criss Colon]

The Word "DESPISE" Doesn't Come CLOSE!!!!!!

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[donluis99]

Kudos to the State Department, they came thru for little ole me just when I needed a hand from my wonderful American government, I am happy I paid all my due taxes all these years.

Without going into detail, the Consulate needed to petition the US state Department on my behalf to do something completely contrary to US Immigration Law, issue a second US passport although the original was not lost, stolen or expired, and they approved it with flying colors, with almost no delay, thank you very much.

Sorry about the immigration issues for everybody though, but they really are good people!!!

g'luck