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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106333
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have been charged with selling alcohol to a minor in 2011

Customer Question

Hello Sir
I have been charged with selling alcohol to a minor in 2011 in Texas. At that time, i was not arrested, so i thought it might be a warning. However, the manager of that store promised me that he would get the ticket dismissed for me but he failed to do so.Since then, i completely forgot that issue and continued to work on H1 for 2 years. Now i'm out of country for marraige purpose and when i attended for VISA interview, i was stopped by consulate from issuing the VISA and handed over 221G form.
I have couple of questions at this stage.
1) I have consulted an attorney and submitted all the charge related documents to the Consulate a month ago explaining them about the offense and consulate said that they will schedule an interview soon, but haven't got any reply from them. Any idea on how much would it take for the consulate ?
2) I'm working as a contractor on H1, my client has terminated my contract. What are the chances of my VISA approval.
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.

The problem is not so much the offense itself, the problem is that they will say you were working illegally. Did you have employment authorization to work at that store when you sold the alcohol to the minor? You won't be able to use the excuse that you were just helping out your cousin or uncle or something like that because they hear that type of story all the time and you just won't be able to prove otherwise. So did you have employment authorization at that time?

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.

To have the best chance of approval, you will need to provide certified copies of the police report and certified copies of the court disposition. You will also have to prove that you did not work without authorization. If you cannot do that, then you may need a 212(d)(3) waiver which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link):

http://www.state.gov/documents/organization/87150.pdf

You can find more information here:

http://www.ilw.com/articles/2003,0930-labrie.shtm

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.

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

Hello John. 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.

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