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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106836
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Charge: assault (dv) No contest to Simple Assault Charge is

Customer Question

Charge: assault (dv)
No contest to Simple Assault
Charge is dismissed via PIA, initially placed in a 12 month probation but dismissed case after doing dv course.
Will I be deportable? Will there be any issue with citizenship?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! Thank you for requesting me. 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.

What statute number were you charged with that you pled no contest to? In what state?

Customer: replied 1 year ago.
Simple assault Class B Misdemeanor in utah
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Unfortunately, I have some bad news for you. Take a look at this article:

http://www.avvo.com/legal-guides/ugc/utahs-plea-in-abeyance-law-and-immigration-law

It looks like your case is still considered a conviction for immigration purposes. And a conviction for domestic violence, even though it was simple assault, will get you deported from the U.S. Obviously, you cannot get U.S. Citizenship with this on your record because it will trigger removal proceedings if you apply. Travel outside of the U.S. and renewing your green card will also trigger removal proceedings. So what you need to do at this point is with the time you have, try one of the following to take care of the conviction:

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.

So do not travel, do not renew, and do not apply for U.S. Citizen but try to do something about that conviction.

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.

Customer: replied 1 year ago.
I talked few other immigration attorneys. All said I shouldn't have any trouble with citizenship.
Customer: replied 1 year ago.
Because I pledged no contest to an amended charge, simple assault. And they put me on a probation with a condition that the plea will not be recorded as it is a pre trial diversion.
Customer: replied 1 year ago.
Court hold the plea in abeyance and eventually dismissed. In disposition, no victim was identified
Customer: replied 1 year ago.
Case was dismissed without prejudice
Customer: replied 1 year ago.
Sorry with prejudice
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, it's a risk. IF you apply to renew your Residency, I would STRONGLY recommend using an experience attorney to argue that it is not a conviction. Also, you should not apply for U.S. Citizenship until at least 5 years have passed since the close of your case INCLUDING probation. So if your probation ended August 1, 2015, you should not apply for U.S. Citizenship until August 1, 2020. I know you may want to apply before, but unless you don't care about losing your $680, you should wait. Here is a link:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF.html

Let me know if you need anything else, but please do not forget to rate me positively. Thank you!

Customer: replied 1 year ago.
The charge was dismissed in 2009. And this is the only charge I've beside traffic tickets, which are under 500, paid and dismissed
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

If your probation ended more than 5 years ago, then you could apply for U.S. Citizenship but I would still use an attorney to process your case. You can look for one at www.ailalawyer.com. Let me know if you need anything else, but please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are NOT charged again and we do NOT finish just because it says, "Rate to finish" or something like that. I will not abandon you after you rate me positively if you have additional questions. Thank you for your understanding!

Customer: replied 1 year ago.
If court decide it's a simple assault and took of the dv part out of their original charge, how come immigration court will treat it as dv?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Sorry. I had to log off. I was very late to a charity meeting and I don't get a salary to be online any specific time, or even a salary at all. It is still an assault against a person in a position of trust. If it was a bar fight with a stranger, no problem, but since there is a domestic relationship involved, that's why it needed to have been reduced to something like disorderly conduct. Let me know if you need anything else, but please do not forget to rate me positively. Thank you!

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!
Customer: replied 1 year ago.
No
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Excuse me? After all the time that I spent with you and all the effort I spent with you, now you are going to tell me that none of that was helpful? It's not my fault that you committed a crime that can get you deported. Please don't blame me for your actions. With kindness and faithfulness, trying to help you as best as I can within the law, I give you good information. How can you honestly state that none of the information that I gave you was helpful and not want me to be compensated for my time and effort?