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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107638
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Renelle, regarding conviction taking a plea bargain back in

Customer Question

Renelle, regarding conviction for drugs taking a plea bargain back in 07 recieving 2 years probation green card expired 09, recently got locked up for violation of peace order and I'm ready to renew my green card. What are my changes of getting deported??
JA: Thanks. Can you give me any more details about your issue?
Customer: The feds raided an abandon house in Philly where I was pregnant, they found drugs in the house got arrested and basically stated it was mines. Took almost 2 years to get convicted my court appointed attorney did not know I was an immigrant and enter me into a plea bargain where I received probation on seven charges of drugs association. Recently moved into a woman who was renting her basement and she basically wanted me out she got a peace order then turn around and stated I violated I got arrested finger printed and sat in jail for a day. I haven't renew my card since it expired in 09 now since I still be working staying out of trouble I'm ready to renew, but since this new arrest I'm afraid too
JA: OK got it. Last thing — Immigration Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
charges consist of manuf/del/poss/w int manuf or del they found weed, dope and crack in the abandon house where myself and another female was arrested. Trying to give as much information so you can be more clear to my situation, hope I can get something good out of this.
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.

What was the exact conviction for in 2007?

What was the exact conviction in regards ***** ***** peace order?

If you can get me the statute number for each, that would be great. And I assume each was in Pennsylvania?

Customer: replied 1 year ago.
charges consist of manuf/del/poss/w int manuf or del for drugs in Philadelphia, and the peace order violation was destruction to property, stalking and bodily harm still going to court for that as well as charges she filed for harassment in Maryland. What you mean the statue number?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Are you ABSOLUTELY sure that you plead to that drug offense?

Customer: replied 1 year ago.
It was a plea bargain the court appointed lawyer did not even know I was an immigrant
Customer: replied 1 year ago.
I did it is on my background
Customer: replied 1 year ago.
Getting the codes for charges now
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Unfortunately, I don't think I will need the codes. Unless the law changes, you will lose green card status. There are 4 things in U.S. immigration law that have no forgiveness, that not even a U.S. Presidential pardon works, and those are fraud marriage, false claim to U.S. Citizenship, money laundering and trafficking of a controlled substance. They do not even need a conviction, all they need is "reason to believe" that you were involved in or benefited from any type of drug trafficking.

Here is a link:

https://fam.state.gov/searchapps/viewer?format=html&query=reason%20to%20believe&links=REASON,BELIEV&url=/FAM/09FAM/09FAM030204.html

You generally have four options:

1) Get a full and unconditional governor's or U.S. Presidential pardon for the crime AND you have to prove that you were not involved in nor benefited from trafficking activities.

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. AND you will still have to prove that you were not involved in nor benefited from trafficking activities.

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 to deport you. 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 do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 1 year ago.
I had a lawyer in 09 tried to overturn charges but stated I past the time to do so, what can I do now after almost 7 years after conviction
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Keep trying to vacate it, or get a full and unconditional governor's pardon, or wait for a change in the law or get a Private Bill. Here is a link to a governor's pardon:

http://www.bop.pa.gov/Pages/default.aspx#.VvNZg9nD_b0

Here is a link to contact your U.S. Congressmen:

https://www.usa.gov/elected-officials

Remember that you have three of them, so if one is not helpful, you have two others.

I wish I had better news for you, but the options are limited with that type of conviction.

Let me know if you need anything else, but please do not forget to rate me positively. 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. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Thank you for your understanding!

Customer: replied 1 year ago.
How to get a pardon? Where do I start?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I gave you the link above.

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.

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

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