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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105593
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My fiance is serving time in federal prison ,we have two

Customer Question

Hi,my fiance is serving time in federal prison ,we have two kids and been toguether since february 2006 ,he is been in this country since 1992 and is not a citizen is there any waiver that we can file for and have a good percentage of succes ?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year 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.
I'm probably going to have bad news for you. I will look for an alternative, but I have to be honest that trafficking is one of the 4 things in U.S. immigration law that not even a Presidential pardon can fix. What type of drug was it? What amount? What country is he from?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That didn't mean that you should not respond to me. I am looking for an alternative for you. You are not charged per question, per response nor per answer. So it costs you nothing to respond to me. What type of drug was it? What amount? What country is he from?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I understand why you might be frustrated. I will at least offer you the possible options so that you are aware of them and not fall into the hands of unscrupulous persons that will just tell you what you want to hear in order for them to be able to take your money.
Unfortunately, unless the law changes, he will never be able to get U.S. Lawful Permanent Residency and he is at risk of deportation. There are 4 things in U.S. immigration law that have no pardon, that not even a U.S. Presidential pardon works, and those are fraud marriage, false claim to U.S. Citizenship, money laundering and trafficking of a controlled substance. They do not even need a conviction, all they need is "reason to believe" that he was involved in or benefited from any type of drug trafficking.
Here is a link:
http://www.state.gov/documents/organization/86950.pdf
IF he were to somehow get a pardon or a vacature of the conviction (sealing or expunging does not work), and IF he was to convince an immigration judge or consular officer that he was not involved in drug trafficking and IF he had a U.S. Citizen or Resident spouse or parent petitioning for him then MAYBE he could avoid deportation and get Residency status. It would be a long and expensive road and he would need a VERY good attorney to help him. You can try to find one at http://www.ailalawyer.com/.
In regards ***** ***** governor's or Presidential pardon, if he was convicted in a federal court, it would be a Presidential pardon and here is the link:
http://www.justice.gov/pardon/rules-governing-petitions-executive-clemency
If he was convicted in a state court (I will assume Pennsylvania since that is what you listed), it would be a governor's pardon:
http://www.bop.state.pa.us/portal/server.pt/community/board_of_pardons_home/19192
For a vacature, a lawyer would need to find something that was done wrong during his case and they can get it reopened and the conviction set aside.
In either case, he will still have to prove to an immigration judge that he was not involved in nor benefited from any form of trafficking.
And there is one other possibility. It is called a Private Bill. This is a law that is passed by the U.S. Congress of special application to him. It could erase any issue against him and get him Residency. If you want to try that, you can start contacting your U.S. Congressmen for help. Here is a link:
http://www.usa.gov/Contact/Elected.shtml
I am truly sorry. I wish I had better news for you but at least now you know the options.
My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, 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 if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

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