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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95463
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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if i was convicted of a assault misderminor an sentance to

Customer Question

if i was convicted of a assault misderminor an sentance to 1 year over 18 years ago and served 8 months in county jail.. does my military service connection have any bearing on a hearing of aggrigrates felony?
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.

They are trying to deport you for an aggravated felony conviction? If it was a misdemeanor, why was the sentence 1 year? Who was the assault against? Is it a domestic violence issue?
Customer: replied 1 year ago.

well they arrested me on 3 felony charges for braking and entering i had a medical problem but i plea out on a misderminor charge. me and the judge had bad mixed words so he max me out.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
And there was no assault or there was an assault? And against who?

And you are being deported?
Customer: replied 1 year ago.


look the owner of house the door hit her on her bruse her hand one of the felony charge was assault if u cant aswer i have to go else where. they just denied myapplication i had 30 days to response for a hearing. i dont kno if that is part of the deportation process.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. Just please calm down. Please do not take this situation out on me. I am just here to help, and believe me, I do want to help. I can answer, but you don't go to a doctor and say, "Hey, it hurts!" And then not expect the doctor to answer a bunch of questions to find out what is going on. U.S. immigration law is very complicated. Just a few more questions. What application did you file?

Customer: replied 1 year ago.


file n400 military application... that got denied file an appeal for a hearing tday

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok, the good news is that the type of hearing you will go on is not a removal hearing. So let me ask just a few more questions and I should be able to give you an answer:

1) The assault case was closed more than 5 years before you filed the N-400, correct?

2) Did you disclose on the N-400 the assault conviction? Did you provide certified copies of the police report and the court disposition?

3) In the police report, did you admit to anything in there that was not what you were eventually convicted of?
Customer: replied 1 year ago.


1) Yes i serve my time in 1995.. 18 years ago


 


2) on the application I answer misderminor conviction only and that it's been over 10 yrs that i had any arrest.. then when i interviewed he ask me to furnish certifed copy which i did.


 


3) I dont a understand this question. I never got a police report i got a outcome of charges

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, that's why I always tell my clients to get certified copies of BOTH the police report and the court disposition. The reason why is that USCIS can not only get you for crimes that you have been convicted of, but they can also get you for crimes that you were not convicted of as long as you admitted to the essential elements of a crime. You see, sometimes a prosecuting attorney will decide not to prosecute certain crimes to go for more serious crimes or to negotiate a deal, etc.

So what to do now?

Well, the law says that you can be denied and deported as an aggravated felon if you have a conviction for a crime of violence where the sentence is at least 1 year. If your sentence was 365 days even though you served less, you are deportable from the U.S.

It isn't going to happen in this hearing coming up, but I do believe that you will be denied U.S. Citizenship. Your military service (thank you for defending our country, by the way) would help if the sentence was less than 365 days, but since it was 365 (from what you are telling me), then it won't help.

You would have 4 options to avoid a deportation and then maybe apply for U.S. Citizenship again:

1) Get a full and unconditional governor's or U.S. Presidential pardon for the crime.

2) Hire a VERY good criminal attorney to look into the possibility of reopening your criminal case because something was done incorrectly at the criminal level. If the case can be reopened, then the conviction needs to be vacated (set aside) and then you would need an agreement from the prosecutor not to prosecute you again (which they can do). You can try looking for an attorney at www.ailalawyer.com.

3) Convince the majority of the U.S. Congress to change the law or to make a law of special application only for you called a Private Bill.

These options essentially would eliminate the conviction so that Immigration cannot use it against you to keep you out. Unfortunately, sealing or expunging the conviction does not work.

4) IF you became a U.S. Lawful Permanent Resident while inside the U.S. AND you have a U.S. Citizen or U.S. Lawful Permanent Resident spouse or son or daughter that would suffer EXTREME HARDSHIP if you are deported, then you MIGHT stand a chance to not be deported and get Residency again.

I am truly sorry, but you have a tough battle ahead of you. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. It is VERY important that if you are not satisfied, please ask additional questions. DO NOT use the "Poor Service" or "Bad Service" ratings. Please do not rate me on bad news. Bad news is not my fault as I have no control over the law. But my goal is to provide you with top-notch service. Please ask additional questions until you are satisfied so that you give me a positive rating. Just give me a chance to try and help you because I am on your side. 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: 95463
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Customer: replied 1 year ago.


yes im now looking into a cirtificate of good standing from the sate or the courts

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Unfortunately, a certificate of good standing does not help in this type of situation. That would only help in a situation where the immigration judge had discretion to grant or not grant and that is very rare.

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