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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95224
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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This may be a combination immigration and legal question. If

Resolved Question:

This may be a combination immigration and legal question.
If a NEWly admitted (NEWLY ADMITTED JULY, STILL AWAITING ACTUAL "green card") Permanent resident gets arrested..and let me clarify/expand here: arrested for libel, defamation of character, harrassment and possibly assault.....how does that arrest affect.
a. THEIR residence status
b. That of their secondary filer: spouse.
Thank you
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello again. The spouse is also a Lawful Permanent Resident or the spouse is the U.S. Citizen that petitioned?
Customer: replied 1 year ago.

DEFENDANT: sponsored by mother/brother


SPOUSE: "coming in on coat-tails" also newly admitted resident...


 


It is the SAME couple I asked you about in May regarding filing for divorce during the process and if there was a chance their "emotional separation" would affect their interview...

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Nothing happens to the spouse, luckily. As far as the defendant, it depends on that he is convicted for. If he is convicted of a crime involving moral turpitude, he could be subject to deportation from the U.S. if it is serious enough. Here are a few links:


http://www.justice.gov/civil/docs_forms/REVISED%20Padilla%20v.%20Kentucky%20Reference%20Guide_11-8-10.pdf



http://www.nationalimmigrationproject.org/legalresources/cd_so_Chart%20-%20Texas%20Offenses%20-%202006.pdf





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Customer: replied 1 year ago.

Can you clarify for me....please..


1. Does getting arrested along subject the person to possible deportation OR


2. Does the person who gets arrested HAVE to be tried and convicted


OR


3. Does the person who gets arrested have to be TRIED, CONVICTED and "sentenced".


Thank you.


And yes I will read the links which you sent...

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
The person must be convicted unless the arrest is for drug trafficking or money laundering. A person does not have to be tried. They can be convicted due to a plea bargain. But they would generally have to be convicted. An arrest is generally not enough. Please let me know if you have any additional questions and please do not forget to rate me positively. Thank you!
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95224
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

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