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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105632
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My fiance is 25 years today.hes been here 10 years he was on

Customer Question

my fiance is 25 years today.hes been here for around 10 years he was on probation for a controlled substance he went to make a payment and they arrested him because they said he violated probation by stealing .they put INS hold.the question is once hes in mexico can i go down there and marry him and come back to fix his papers?he came illegally and its his first time getting deported.we also been living together if that makes a difference
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.

Some crimes make a person permanently inadmissible to the U.S. and no waivers are available. I hope I have good news for you, but if I do not, please do not shoot the messenger. When was he deported? What type of drug was it? In what amount? Was he convicted in the U.S. or outside of the U.S.? Also, was he convicted of stealing? Where?

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.

He primarily has the following options:

1) Get a full and unconditional governor's or U.S. Presidential pardon.

2) Hire a VERY good criminal attorney to look into the possibility of reopening his 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 he would need an agreement from the prosecutor not to prosecute him 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 him called a Private Bill.

These options essentially would eliminate the conviction so that Immigration cannot use it against him to deport him. Unfortunately, sealing or expunging the conviction does not work.

4) IF he became a U.S. Lawful Permanent Resident while inside the U.S. AND he has a U.S. Citizen or U.S. Lawful Permanent Resident spouse or son or daughter that would suffer EXTREME HARDSHIP if he is deported, then he MIGHT stand a chance to not be deported and get Residency again.

Keep in mind that if he is here illegally, even if he gets his criminal situation fixed, he can still be deported for being illegal. I wish you would respond.

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 do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.