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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94133
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My husband has his biometrics appointment in 2 weeks at 1pm).

Resolved Question:

My husband has his biometrics appointment in 2 weeks at 1pm). However, last week we both got arrested for domestic violence against eachother. We just now received notice of our court date on the same day(9:30am) as his appointment. We're going to see a criminal defense attorney tomorrow. Should we re-schedule his biometrics appointment? What affect will this arrest have on his hopes of receiving a green card? Will they deport him? Will they deny his application and not even give him an interview? Please help!!! I can't lose him!
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.

You can reschedule or just go late to the biometrics appointment. It should not be a problem. As far as this incident, yes, if he is convicted, he could be deported from the U.S. They would give him an interview, but they would deny him at that point. So you have to hope that he can avoid a conviction. Make sure your attorney knows that a Withhold of Adjudication still counts as a conviction for immigration purposes.

Customer: replied 4 years ago.
Is there still a large chance that he could be denied if he's not convincted? Will only the arrest cause negative implications on his application? Will the biometrics appointment show that he was arrested and had his fingerprints taken for the arrest? Should he tell the biometrics office he was arrested? Should he tell them at the interview if given one? Do you think he will be given his green card if he's not convincted? What if he's not convincted and I am?
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
It would be a very small chance of being denied if he is not convicted. And yes, the biometrics will show this and even if it did not show this so soon, he MUST disclose it because to not do it would be fraud and then he would 100% be denied. If he is not convicted, he would probably get the green card. If you are convicted and he is not, then that would not be a problem for him.
Customer: replied 4 years ago.
How does he disclose this information? Does he take all the documents he has to his biometrics appointment or should he send them to USCIS? He should disclose this even if he's not convicted?
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
He discloses it at the upcoming interview, not the biometrics appointment. When he goes to the interview, he will need to take certified copies of the police report and court disposition (how the case ended). He MUST still disclose even if not convicted.
Customer: replied 4 years ago.
Okay. So in your opinion it's not necessary at this point to seek an immigration attorney here, just a criminal attorney which we are meeting with tomorrow?
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
Yes. But it would not be a bad idea to have a criminal attorney that has immigration experience.
Customer: replied 4 years ago.
And if in the end he is denied a green card, we can appeal it, correct? Is there even a good chance of changing the outcome by appealing their deny?
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
You can appeal it yes. There is probably a good chance of success with an appeal, but there are no guarantees.
Customer: replied 4 years ago.
One last thing, sorry, is there a chance that after they take his biometrics and they reveal his arrest that he won't even be granted an interview? That he'll be denied before an interview or do they have to give interviews and then make their decision?
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
No, there is no chance of that. He will get an interview.
Customer: replied 4 years ago.
Sorry-more questions (husband has one now). What does the interview entail? They just ask him questions about himself and he explains the arrest? Is it a character test? Also, since he applied for an employment card, do you think he will in fact receive this EAD after his biometrics and before his interview? Do they ever deny the EAD? Also, since we haven't decided on a lawyer for sure, just meeting with them, what do you think are the most important factors in choosing a lawyer? Experience in our situation and positive outcomes? The one we are seeing tomorrow got his bar in 2003, is that too young, should we go to a more experienced lawyer? Sorry for all the questions-I will accept so don't worry about that!
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.

It is not a character test. It is a marriage interview where you have to primarily prove your marriage. Secondarily, they will want to see that he is not a bad person. If this is the only problem he has, it should not be a denial if he is not convicted. Yes, he should receive his EAD before his interview regardless of the criminal charges.

 

Factors are experience in criminal law and experience in immigration law and the combination of the two. That is not too young, I don't think. 6 years is a good amount of experience, just make sure he has experience in the right areas. If he doesn't have much immigration law experience, or at least good knowledge of the immigration consequences of criminal activity, then you will need to find someone else. You can also look at www.ailalawyer.com.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94133
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you

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