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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105572
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Re: Sudden Deportation Phase of My Brother My brother served

Customer Question

Re: Sudden Deportation Phase of My Brother My brother served almost 7 years for drug related charges in New York (not selling, satisfying his own addiction...). He is a permanent resident of US. Born in Jamaica, WI. Received early release because of his
outstanding behavior and 3 years probation. Upon his released Homeland Security detained him over 6 months with the intent of deportation. They were able to only receive his birth certificate. Homeland security released him under the provision that he reports
back to them at the schedule date during his 3 year probation period. Since released 2 years ago, he has documented every Homeland Security and Police probation meeting, making all, including taking drug tests. He has turned his life around working in a restaurant
starting from entry level to General Manager; very proud moment for us given his commitment of working 60+ hours per week. He has had 4 probation officers. The prior three expressed praise to his adjustment to society. The fourth officer had immediate issues
with him, including changing the visit routine to every 2 weeks combined with negative comments. Many complaints have been made about this offer by other parolees. My brother asked for a change in Parole officer a couple of weeks ago. This past Tuesday he
received his permanent drivers license, which is needed given his excess and unpredictable hours. The following morning, Wednesday, the fourth Parole officer showed up to his apartment with several smirks and to bring him to Homeland Security. He was told
that he will be deported to Jamaica this upcoming Thursday. They are not allowing visitation. We are stunned and not sure of the next legal steps to at least stop the process for a trial hearing.
Submitted: 12 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 12 months 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.

I probably won't have good news for you. Deportation is not a criminal penalty though it may feel like it. So there are different rules. Unlike the UK or Canada that may allow rehabilitation in regards ***** ***** crimes, the U.S. immigration law does not take into consideration rehabilitation for drug convictions with the exception of one conviction of less than 30 grams of marijuana. I assume that the conviction was for a different drug other than marijuana? Did he have an immigration attorney before when they ordered him deported? Did they speak to him about maybe a 212(h) waiver or something like that?

Expert:  Guillermo J. Senmartin, Esq. replied 12 months 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.

First, he needs to file a Stay of Removal to prevent him from physically being removed from the U.S. Here is a link:

https://www.ice.gov/sites/default/files/documents/Document/2014/ice_form_i_246.pdf

After that, I would look into 212(h) as a possibility. Here is a link:

http://www.legalactioncenter.org/sites/default/files/212elig.pdf

If he does not qualify for 212(h), then he has to do something about that conviction so that they do not deport him and he would have the following options to do so:

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.

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 11 months ago.

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

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