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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94311
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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hi back in 1999 or 2000 i entered the US (Miami Florida) legally

Customer Question

hi back in 1999 or 2000 i entered the US (Miami Florida) legally by my mothers petition, i remember everything was easier due to an immigration law that was approved back then (NACARA), she was a US resident only then later she became a US citizen i was underage back then so was my brother who now is a US citizen as well (he is 24 years old now), unfortunately after i turned 18 i got in trouble and got arrested/charged with 2 felonies. BURGLARY/UNOCC CONVY and GRAND THEFT 3RD DEG, the disposition of both charges are "WH ADJ-PROB SP COND", i successfully finished everything the court requested me to (probation/paid the money) the close date of the case is 10/10/2002. just FYI i have no prior cases. it was the first time in my life i have gotten in trouble with the law. A couple of months after that; i had the "stupidest idea ever", i decided to come to my country on vacation, when i went back the immigration officer told me i had to see an immigration judge to decide if i could reenter the US or not, well, i was transferred from the Miami International airport to KROM, an immigration facility there in Miami. when i was in there my mom hired an immigration lawyer who never gave me any good news, anyway after 30 days in KROM i decided to sign a paper that basically meant that i wasn't gonna continue fighting my case and that i wanted to be send back to my country, i couldn't take it anymore being in there. My departure date was 06/13/2006, and i was taken to the airport under their custody, i was given a "notice to alien ordered removed/departure verification paper" the day of my departure which i still have with me. i believe the most important segment of this paper is the following: "for a period of 5 years from the date of your departure from the United States as a consequence of your having been found inadmissible as an arriving alien in proceedings under section 235(b)(1) or 240 of the Act".
Now, about a year ago my mom filed another petition, but this time is way different since i got married here in my country and i have a 4 year old son, she filed it for the 3 of us. it's been more than 5 years since my departure from the US. i have to mention i have a 9 year old daughter who was born in the US. There is a US embassy in my country.
i guess my question is/are: what are my options to make this happen quicker?, i have even consider to get a divorce if it would help with the process time frame, i was told also i have to file a "pardon". what are the chances for me to go back based on the circumstances of my case and myself?. Does the new immigration reform that is being approve as far as i'm concern benefits me?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.


How old were you when your mother became a U.S. Citizen? Were your parents divorced when this happened? What date did she become a U.S. Citizen?

Also, what was the date that she filed an I-130 for you?

And what was the sentence on your case, even though it may have been suspended?
Customer: replied 1 year ago.

Hey i got the information you requested:

i was 23 when my mom became a US citizen, to be even more specific, my mom was in the process of her citizenship while i was in KROM, she finalized it when i was already here, my mom has always been a single mother, i never met my father, i dont even know if he is alive, regarding the date she became a US citizen, i was only able to find out it was in June or July 2006.

The I - 130 was filed March 2012.

About my sentence, i'm assuming your talking about the criminal case, i was given probation for 1 year or 2 (don't remember), then it was modified due to the money that i hadn't finish paying, so it was extended for another year, part of the agreement was that i could early finish my probation once everything was completed, they also gave me community service hours which i completed, and if i'm not mistaken i believe they also sent me to take a behavior program class, which i also completed.

You mention something about the sentence being suspended?, to be honest i have no idea what the nature of that question is, so help me out on that. all i can tell you is that based on the disposition of the charges i didn't lose my civil rights. as far as i remember; in court i was scared of jail and i took a plea "guilty" and they gave me probation, i did a little research on that, and i believe the magnitude of my sentence was like that due to being a first offender and the nature of the charges. now if i'm not mistaken, the "GRAND THEFT 3RD DEG" charge, the disposition of this charge was change from "WH ADJ-PROB SP COND" to "NO ACTION", i believe this was part of the probation special condition after i successfully finish my probation.

I'd like to mention that perhaps you asked the questions and dates about when my mom became a US citizen because i remember that when my brother and i went to the US, He was 9 years old back then and when my mom became a US citizen, an immigration law benefited my brother,when he turned 18 he automatically became a US citizen as well, as far as i know i didn't qualify for that law since i am 4 years older than him.

let me know if you need any other info,

 

Thanks,

 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Unfortunately, you do not qualify for automatic U.S. Citizenship. I had hoped that you had been under 18 when she became a U.S. Citizen. Fortunately, the criminal charge does not make you inadmissible because you were not sentenced to a year or more in jail plus it was changed to NO ACTION. However, the only way to speed up that process is for you to divorce and then your spouse will not be able to immigrate with you. You would have to petition for her and that will take 2 to 3 years. Unfortunately, even if you divorce, it will still take about 6 years before you can come back to the U.S. There is no other way to speed that up because it is a waiting line of people that applied before you and nothing in the law allows you to jump ahead in line of anyone else. I am truly sorry. And no, I do not see anything in the immigration reform that would help you, but that hasn't even passed yet anyway and no one knows if it even will. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94311
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
Customer: replied 1 year ago.

Mr. Senmartin, i appreciate your honest and quick response, however i'd like to ask you a couple of more questions. some of this questions i rather not share through this service. here is my magicjack number XXX-XXX-XXXX, email: XXXXX@XXXXXX.XXX we can get to an arrangement.
what i can ask you is: what do you think about initiating the "pardon" through the US embassy here in my country, to try to get a visa in the future if the pardon is approve?


Also if i decide to get a divorce, would i have to cancel my moms current petition and file a new one based on being single again?
thanks once again for your approach and excellent service!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Unfortunately, I am not allowed to email you directly. I would get in trouble with this website if I did that. If you just want to visit, you would have to file for a B-2 visa which can be found here:


http://travel.state.gov/visa/temp/types/types_1262.html



And you would need a 212(d)(3) waiver which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link):

http://www.state.gov/documents/organization/87150.pdf


or on form I-192 which can be found at www.uscis.gov/forms. You can find more information here:



http://www.ilw.com/articles/2003,0930-labrie.shtm
Customer: replied 1 year ago.

that is very helpful information Mr. Senmartin, thank you very much.


to make sure i proceed correctly i have to ask: should my first step be applying for the visa B-2? the reason i ask is because i've been told that i can set up an appointment with an immigration officer down at the U.S Embassy and ask all the necessary questions before proceeding at anything.


If i'm not mistaken, applying for a visa implies that i need a valid passport which i would have to request (the one i have expired) based on your answer. Also should i go to the interview with the airline ticket already?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
You can try for the B-2 first. If you are denied, it wouldn't matter for any other process. It doesn't count against you. The opposite is not true, however. If you tried the immigrant process and got a denial, they would most likely deny a B-2 because you wouldn't be able to prove to them that you do not have immigrant intent.

And yes, you need an unexpired passport. And no, you should not already buy an airline ticket.

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