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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94144
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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hi an immigration officer called me up this morning and he

Resolved Question:

hi an immigration officer called me up this morning and he said he will be meeting with me on thursday to serve me my nta. will he arrest me or just serve me my nta?
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Judith replied 10 months ago.

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

what court convicted you of immigration fraud. Give me more details.

Is the NTA to be removed?

how long have you been in the Us? I resident status?

When did you arrive here?

Any Us children or spouse>

 

Judith

 

Customer: replied 10 months ago.

hi atty. it was the federal court that convicted me. as far as i know it is for removal. i have not seen it yet. it will be handed to me on thursday by the immigration agent that i spoke with this morning. i am a legal permanent resident since 2006. no other criminal violations. not even a traffic violation. i came to the US on Feb. 2002 on a B2 visa and filed an aos in 2004. approved in jan 2006. i have a us born child. i am still legally married to my us citizen spouse. but the marriage is a fraud.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


Since you have not been convicted of a crime, you are not mandatory detention. So they will serve you with a Notice To Appear which basically will list the reasons why you are removable from the U.S. They will give you a date where you will go for a Master Hearing to respond to those charges. Then you will be given an Individual Hearing so you can defend yourself either by proving your marriage is real or applying for whatever defenses may be available which are not many. I STRONGLY recommend that you hire an experienced immigration attorney to defend you. You can look for one at www.ailalawyer.com.


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 to you. 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!

Customer: replied 10 months ago.

hi atty guiilermo. i was convicted of conspiracy to commit fraud by the federal court. i got 2 years probation and 100 hrs of community service.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
What type of fraud? Against who? What was the amount? And you are saying that your marriage is not fraud? You said, and I quote, "i am still legally married to my us citizen spouse. but the marriage is a fraud."
Customer: replied 10 months ago.

there was 10 of us who were charged and convicted. it was conspiracy to commit marriage fraud against the us government. i was the only one who did not get jail time cause i cooperated and was willing to testify against my co accused. i got my lpr thru marriage fraud. so i am asking, when the officer come and see on thursday to hand me my NTA, will i be detained or is he just gonna serve my NTA? Thanks

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
He should just serve you with an NTA because your crime does not fall into those that are mandatory detention unless the fraud that you committed had a loss to the victim of more than $10,000 which I do not think is the case. So you should be safe from being detained. 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. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94144
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 10 months ago.

oh ok. i am just concern cause most of the people i know ( our former clients) where just mailed their NTA. i was wondering why mine needs to be served. thanks for the enlightenment.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
No problem. I hope things work out for you. Good luck.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94144
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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