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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105629
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a syrian citizen, I was a convicted of a crime and i

Customer Question

I am a syrian citizen, I was a convicted of a crime and i was ordered to be removed in 2012, however I was not removed from the country. My wife is a us citizen and so are my children (older now). I have been in the country since 1980's.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

You have been in the U.S. since 1980? What was the crime? What was the sentence?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.
You have been in the U.S. since 1980? What was the crime? What was the sentence?
Customer: replied 1 year ago.
i was convicted with a felony back in 2012, and i was placed in removal proceedings and and a final order was entered. I was here as legal resident
Customer: replied 1 year ago.
the specific crime was larceny
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Did you receive a sentence of more than 1 year in jail or less than 1 year? It may be a problem because it was so recent.

Customer: replied 1 year ago.
There was no jail time.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

That's strange. The sentence would have to be 1 year or more to qualify as an aggravated felony and make you a priority for deportation. Were you married to the U.S. Citizen at the time? Did you have legal status at the time that you were deported? What status?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.
Were you married to the U.S. Citizen at the time? Did you have legal status at the time that you were deported? What status?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Were you married to the U.S. Citizen at the time? Did you have legal status at the time that you were deported? What status?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

If the crime does not make you inadmissible, meaning that they cannot use it against you to keep you from getting Residency, then your spouse can file an I-130 for you and when approved, in order to fix your status, you have to file what is called a proposed joint motion to reopen immigration proceedings. You have to give this to the ICE attorney and convince the ICE attorney to join in the motion. If the ICE attorney is not convinced, then the only choice is to file a motion to reopen immigration proceedings sua sponte directly with the court and pray the court decides to invoke their sua sponte power to reopen the case. Because if you cannot get the case reopened, there is no way to fix your status because you have an order of deportation against you.

This is very complicated stuff and the best chance is if you hire an attorney. You could try to find one at http://www.ailalawyer.com.

If it turns out that the crime can still be used against you to keep you from getting Residency, then you will need to do something to get rid of the conviction and you have the following options:

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).

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 from getting Residency. Unfortunately, sealing or expunging the conviction does not work.

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.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.