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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106241
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My stepson was going through the process of citizenship. He

Customer Question

My stepson was going through the process of citizenship. He completed the I-797 notice of action, went to his biometrics appointment. after that we have not heard from immigraion. we were moving at that time, so i do not know if they got our fowarding address or not. Also my son had some legal problems, a 502, and a more serious problem, all legal problems have been taken care of. he is clear of any legal problems at thia time. when he went to his biometerics was back in 08/27/2010. how do we find out what to do to finish his immigration process.
thank-you
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 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 see a number of issues and I have some questions to be able to help you: 1) When was the N-400 filed? 2) What legal problem did he have? In what state? 3) When was the incident and was there a conviction and sentence? What and when?
Customer: replied 8 months ago.
1 what is the N-400?
#2 he was accused of having sex with a minor ,( they were boyfriend and girlfriend at the time)
#3 The court reduced the felony to a misdemeanor, it was a plea verdict, plea of not guilty was entered, and the complaint be , and is hereby, dismissed. may 2013
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
You said he was under process for U.S. Citizenship. That is an N-400 that would be filed. Did you mean he is under process for U.S. Lawful Permanent Residency? I would need to know the exact charge (statute number that he was convicted under) and the sentence even though the sentence may have been suspended. And also the state where he was convicted.
Customer: replied 8 months ago.
Denis was in the marines from dec.17 2001 out nov 16 2005
Customer: replied 8 months ago.
permanent residency, penal code 1203.4 in california
Customer: replied 8 months ago.
His mother became a citizen in dec 6 2005
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Was he under 18 when his mother became a U.S. Citizen?
Customer: replied 8 months ago.
no
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Ok, a plea in regards ***** ***** 1203.4 entered after July 15, 2011 is considered a conviction. So I need to know if the plea was entered before or after July 15, 2011 and I need to know what the underlying conviction was for (statute number, please).
Customer: replied 8 months ago.
before july 15 2011, 262.4 he thinks
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Doesn't look like 262.4 is the correct one.
Customer: replied 8 months ago.
it was having sex with a minor
Customer: replied 8 months ago.
I have the letter from his attorney, do you want me to fax it to you?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
I am not allowed to post my contact information here without an additional charge, but you can scan it and upload it here if you like. Are they trying to deport him at this time? Or has he filed an N-400 to get U.S. Citizenship? If not, what process is he undergoing?
Customer: replied 8 months ago.
no they are not trying to deport him! He is trying to get citizenship for the U.S. he filed a N-400 probably back in 2000. to become a perminate resident. then he filed a I-797 notice of action, Aug 5 2010. Then he went in for his biometerics */27/2010. we have heard anything after that
Customer: replied 8 months ago.
biometerics was 8/27/2010
Customer: replied 8 months ago.
what do we now? how do we find out if his file is still active?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
No. You mean he may have filed an I-485 to get U.S. Lawful Permanent Residency, then later he may have filed an N-400 to get U.S. Citizenship. The I-797 is what USCIS sends him depending on what is filed and the I-797 is used for many things. So do you have a receipt number for the LAST I-797 that he filed? I'm just afraid that if he rocks the boat, it could place him in removal proceedings. So get me that I-797 receipt number and also scan the copies of the information in regards ***** ***** criminal case(s) and upload those if you wouldn't mind. Or if you want to keep it private, I can send you a Premium Service offer so that I can send you my contact information. Just let me know.
Customer: replied 8 months ago.
receipt # *****
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
That's for an I-90 that was approved December 3, 2010. An I-90 is what extends the green card for 10 years. Was he arrested and convicted after that date? And did he file an N-400 after that date? When? What is that receipt number?
Customer: replied 8 months ago.
no his green card is good until 2020
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Exactly. That makes sense, but did he or did he not file anything after December 3, 2010? And if so, what did he file? Also, when was the date that the offense was committed and the date the offense was closed?
Customer: replied 8 months ago.
The case was closed in july 2010, I'm not sure when it happened. I do not think he filed anything after Dec 3 2010.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Well, you started this whole conversation because you said he was under Citizenship process, but it doesn't look like he has anything filed or pending. So I am not sure what you would like me to do for you? I'd love to help, just let me know how.
Customer: replied 8 months ago.
How do contact you later? Denis is gone right now but will be back in a hour or so.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Just come back here and reply. Your question does not close or time out or anything like that. I should be around.
Customer: replied 8 months ago.
ok
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Are you still looking up that information for me?
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. Without all the information that is necessary, I would not recommend that Denis apply for Naturalization because he could be placed in removal proceedings and deported from the U.S. I would like to help, but since now you are ignoring me, the only thing I can recommend is not to apply for U.S. Citizenship and to go speak to an attorney locally. 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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