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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95063
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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if a person was eight years old when he came into this country

Customer Question

if a person was eight years old when he came into this country can he use the carry on law
Submitted: 10 months ago.
Category: Immigration Law
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. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.



DACA is not available to those that have serious crimes in their backgrounds. What was the felony that you committed? Conspiracy can be many things. Murder? Bank robbery? Drug trafficking? It was conspiracy to do what? And what was the sentence? And what was the method that you obtained your Residency?


Also, I need to know the exact date that you were admitted into the U.S. the time before you got your Residency, in what status you were admitted, the exact date that you were approved for Residency, and the exact date that you committed the crime.
Customer: replied 10 months ago.


I came into this country on 1980 boat lift as a young boy on July 31. My conviction was on 1997 for conspiracy to posses with intent to distribute cocaine I was given a sentence of 140 months, I was a resident of this country at the time, I had been a residence since 1985

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Then I assume you are Cuban?
Customer: replied 10 months ago.


yes I am cuban

Customer: replied 10 months ago.
Please let me know ass soon as possible
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Well, I will tell you a story of a client of mine that has a conviction for simple possession of cocaine in the 80s. He is Cuban. A few years ago, they placed him in removal proceedings because of this conviction from many many years ago. It was the new thing and they are still doing it. I was able to determine that something was done incorrectly at the time of his conviction that allowed us to reopen his case and vacate the conviction and because the case was so old and the gentleman had no other issues, the prosecutor declained to re-prosecute him. So basically, he had no conviction against him anymore and we were able to file a new Cuban Adjustment Act and get him a new Residency. Today his is a Lawful Permanent Resident with no problem.

Unfortunately, even if you could have this done, get a vacature, or even if you could get a U.S. Presidential or governor's pardon, all the U.S. has to do to prevent you from getting a new Residency is to prove that there is "reason to believe" that you were involved in or benefiting from trafficking. Take a look at this link:


http://www.state.gov/documents/organization/86950.pdf



So, not only will you need to either get a vacature or a pardon, but you would need to convince an immigration judge that you were not involved in nor benefited from any form of trafficking. If you think you can do that, after you get the vacature or pardon, you will need to motion to reopen your deportation case and if successful, you can file the I-485 with the immigration judge.


Also, keep in mind that sealing or expunging the case does not work, only a perdon or vacature.


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/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95063
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you
Customer: replied 10 months ago.
I guess im stuck as a deportee and i wont be able to travel anyware its like beeing in jail in the country if i would like to go out of the four wall of the US i cant right?
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Yes, that's the problem. You have an order of removal that they are not enforcing against you. But if you leave the U.S., you are enforcing it against yourself. I am truly sorry.

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