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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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ICE has detained my son that is a canadian citizen how will

Customer Question

ICE has detained my son that is a canadian citizen how will i get him out there with out him being deported from the states
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 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. What was the reason that he was detained?
Expert:  Guillermo J. Senmartin, Esq. replied 7 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. What crime has he been accused of committing? Or was he convicted of something? Of what? What sentence? And what permission does he have that allows him to be in the U.S.
Customer: replied 7 months ago.
My son now is at CCA what is that place
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
It's a detention facility, but I don't understand why you don't answer my questions. What crime has he been accused of committing? Or was he convicted of something? Of what? What sentence? And what permission does he have that allows him to be in the U.S.?
Customer: replied 7 months ago.
He was charged burglary second degrre grand theft and I denture theft he was in east Mesa jail sentence for 3months he is done April 21 but immigration people picked him up brought him to CCA what is that place his sentence was 3years probation and 3months jail time now that he is done 3months he was brought to CCA
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
It's an immigration detention center because they want to deport him. How did he enter the U.S.? Illegally or with a visa? Which visa? What country is he from? How long ago did he enter the U.S.? How old was he when he entered the U.S.? Please try to answer each question. Thank you.
Customer: replied 7 months ago.
He is a Canadian citizen born in the Philippines where do you think he will be deported in the Philippines?and is there something that needs to be done so he will not be deported he lost his Canadian passport and drivers license he doesn't have any kind of id there in the states
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
He is a Canadian citizen?
Customer: replied 7 months ago.
Yes he doesn't need a visa to go to the states
Customer: replied 7 months ago.
Where are you in San Diego
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
I understand as a Canadian he doesn't need a visa to come to the U.S., but that doesn't give him permission to stay more than 6 months. Has he overstayed those 6 months? How long?
Customer: replied 7 months ago.
Yes he is there for 4 years now I think
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
So then basically, you are saying that he doesn't have permission to be in the U.S. and he was convicted of a crime that could make him deportable from the U.S.?
Expert:  Guillermo J. Senmartin, Esq. replied 7 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. It looks to me like he has the following options as long as the crime that he committed is not a conviction that makes him ineligible for relief from deportation: 1) He can ask the ICE attorney in your deportation case for prosecutorial discretion. If granted, they would not deport him right now. It doesn't give him any work permit or legal status, but it just means that for now they will not deport him. Here is a link: http://www.ice.gov/doclib/secure-communities/pdf/prosecutorial-discretion-memo.pdf 2) Apply for Asylum (he had to have done this within the 1st year of being in the U.S. unless there is a credible excuse or changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if he fears to return to his home country because he believes that he will be specifically targeted due to his race, religion, nationality, social group or political opinion and that he runs a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, he would have to prove that he has at least 10 years in the U.S. AND he must also prove that if he is deported, a U.S. Citizen or Lawful Permanent Resident that depends upon him will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get. 3) If he marries a U.S. Citizen (for love, of course), he could file for Residency without having to leave the U.S. The same if he has a U.S. Citizen son or daughter over 21 that petitions for him. 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.
Expert:  Guillermo J. Senmartin, Esq. replied 7 months 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 7 months ago.
Thank you for your kindness and respect. Good luck to you.

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