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Guillermo J. Senmartin, Esq.'s Avatar
  • Answered by:Guillermo J. Senmartin, Esq.
  • Immigration Lawyer
  • Positive Feedback: 99.0 %
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Customer Question

the police arrest me and i want to now if im gonna have trouble to came back in this country

 

Optional Information:
ship bottom, New Jersey

Submitted: 1689 days and 17 hours ago.
Category: Immigration Law
Value: $15
Status: CLOSED
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Expert:  Guillermo J. Senmartin, Esq. replied 1689 days and 11 hours ago.

What did they arrest you for and what is your current status in the U.S.?

Customer replied 1678 days ago.

i got H2B for 10 month i have to leave on december but im worry because the police print my fingers and want to now if Immigration know this about it when i come back

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Expert:  Guillermo J. Senmartin, Esq. replied 1678 days ago.

I still need to know what you got arrested for. Immigration will probably know about it, but I need to know why you got arrested so I can tell if it will be a problem for you or not. I also need to know if you completed whatever things you had to do for criminal court. In other words, did you go to court every time you were supposed to go and did you pay whatever you were supposed to pay and did you de everything you were supposed to do to close the case?

Customer replied 1677 days and 23 hours ago.

yes i did all that i paid the court im still doing the comunity service 60 hours. the reason is i went to walt-mart, cos i gave a ride to a friend so he steal a wireles router or something i dont now. and the security hold up to him and i went we were at the register.that was terrible to me, and i tell to the officer i wasnt me they dont listen to me

 

Accepted Answer

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Expert:  Guillermo J. Senmartin, Esq. replied 1677 days and 18 hours ago.

If they dismiss it, it will not be a problem for you. If they give you a Withhold of Adjudication, it probably will be a problem for you. So you make sure they dismiss it.

Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 99.0 %
Accepts: 26953
Answered: 9/13/2008

Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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Customer replied 1677 days and 17 hours ago.

thanks for you help. what do you recommend me to do? do i have to go to the police station or find a lawyer?

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Expert:  Guillermo J. Senmartin, Esq. replied 1677 days and 16 hours ago.

Going to the police station won't do you any good. You should probably hire a criminal lawyer to make sure the case is dismissed.

Customer replied 1677 days and 16 hours ago.

so, why did they put it withhold of adjudication for? and when did they dismiss it. can you exlplain to me please

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Expert:  Guillermo J. Senmartin, Esq. replied 1677 days and 16 hours ago.

The criminal court is going to do what they want to do without taking into consideration the immigration consequences to you. If you entered into the agreement after being told in criminal court that entering into that agreement for the 60 hours of community service and then they will give you a Withhold of Adjudication, then you made the mistake, not them. This is why it is VERY important to have an experienced attorney helping you.

 

So you need to make sure if they are giving you a Withhold of Adjudication or a Dismissal. If they give you a Withhold of Adjudication, this is the same as a conviction for immigration purposes.

Customer replied 1677 days and 16 hours ago.

but they dont know if i am legal. because i only gave them my country id. what do you think about it?

 

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Expert:  Guillermo J. Senmartin, Esq. replied 1677 days and 15 hours ago.

Who doesn't know if you are legal? The criminal court or immigration?

Customer replied 1677 days and 13 hours ago.

the court

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Expert:  Guillermo J. Senmartin, Esq. replied 1677 days ago.

They are supposed to ask you if you are a U.S. Citizen. If you say you are not, then they are supposed to tell you that if you are not, entering into the plea may subject you to Deportation. You may have been so nervous that you didn't really even pay attention to this, but they almost always ask.

 
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