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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108368
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have corruption of minor charge misdemeanor .. 3 yrs probation. I reapplied today

Customer Question

I have corruption of minor charge misdemeanor .. 3 yrs probation. I reapplied today for the dismissal of the probation it's been 1 years and 7 months. The reason of dismissal I said is I want to be citizen and sponsor my parents to come US . And I was been told by judge is they need letter from immigration to know how long it takes to be citizen . I am currently a green card holder . My wife is citizen and we got married that's how I got my GC. Can I apply for citizenship having this charge on record ?and if I do how long does it take?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Welcome to JustAnswer! My name is***** I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
What was the statute number that you were convicted under? And it was in Pennsylvania?
Customer: replied 2 years ago.
pennsylvania bucks county. I am not registered to Megan's law or any website . We pled guilty before judge gives his decision and the part of pled was charge of corruption of minor misdemeanor with 3 yrs of probation and I applied today to remove probation as I want to apply for citizenship so that I can sponsor my parents to come here. So main question is can I apply for citizenship or not having charge of corruption of minor ?
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
The main question is if you are deportable from the U.S. Most crimes having to do with children as possible victims are deportable offences. Does the record show mere negligence or does is show anything to do with sexual conduct? Also, I need to know when the probation terminated in your case.
Customer: replied 2 years ago.
I am still on probation I can get out though judge wanted to get more idea about how long does it take for me to be citizen and after that how long will it take for me to sponsor my parents. My main question still remains unanswered about if having this charge am I still alligible to be citizen ?
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
So you don't care that you may be deportable because of the crime and that by applying for U.S. Citizenship that could trigger a Removal Proceeding against you? If you care, then I need to know what the record reflects. Does it state mere negligence or is there sexual conduct mentioned. I know you may not want to talk about this online but I have two options. We can continue on here without additional charge and then I can lock down the question for privacy so that no one can read it after we are done, or we can have a private phone conversation for an additional fee. Let me know what you would like to do.
Customer: replied 2 years ago.
Sexual conduct .. Let's continue here...
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Ok. I ask that you PLEASE not log off without leaving a smiley face/positive rating. This is VERY important and we do not finish just because it says, "To finish...". You may continue to ask additional questions without additional charge on this same thread even after you leave a positive rating.
Unfortunately, that's going to be a problem. But first, before we even get to that, even if somehow the crime did not make you deportable from the U.S., to have the best chance of approval of the N-400, you would have to wait 5 years from the close of the case including time on probation. So let's say you tell that to the judge and the judge says that June 1, 2015 you are done with probation. You should wait 5 years from June 1, 2015 before applying. So that would be June 2, 2020. To apply before, you would almost certainly be denied because they want to see a full 5 years without issues. Normally, you would just lose $680 and apply again later, but in your case, I think if you were to apply, or if you were to travel outside of the U.S., when coming back, you could trigger a referral of your case to Immigration Court for Removal Proceedings. Why? Take a look at this link on pages 44 and 45:
http://immigrantdefenseproject.org/wp-content/uploads/2011/10/Final-PA-Chart-7.28.10.pdf
If there is sexual misconduct, it is an Aggravated Felony and thus a deportable offence. At that point, you have a few options to take care of that offense so that it does not result in your deportation:
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 only tell you this because I care and don't want you to get deported. I could have just as easily told you the first part, that you had to wait, and then you could have gotten in trouble after applying or traveling. So please take that into consideration when rating me.
Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That does not help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, "To finish". I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.
Customer: replied 2 years ago.
I did travel India for work.. I have been going to sexual tharepy too.. I was never been told that I will be deported .. Just having charge of corruption of minor ? I have to wait his long ? Also I dont have felony ... I never had any sexual contact ..
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
It depends on what the record of conviction states and it doesn't matter if it is a felony or misdemeanor. Even misdemeanors are considered aggravated felonies under the immigration law. If the record of conviction states anything about sexual misconduct, if you travel outside of the U.S. and come back, it can cause you a problem when coming back. Similarly, when you apply for U.S. Citizenship, it can also cause you a problem. You have to look at the record of conviction and see what it says. If it says just negligence, then you should be ok, but you will still need to wait 5 years after the end of your probation. Here is a link:
http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter2.html
Please let me know if you have additional questions and please do not forget to rate my service to you positively (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.