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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108368
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am under units on my college (which means i'm out if

Customer Question

I am under units on my college (which means i'm out if status on my VISA) due to a number of emotional and personal situations (got involved in a car accident, two family members passed away, my dog passed away too). All this happened in my country and was not able to go back. In approximately 3 month I have to attent a court session due to a misdemeanor offense (driving without license) but due to my VISA status I must go back within 2 weeks from my VISA cancellation. I don't know if I can go back to my country and solve this matter overseas since I don't think I would be handdle any more pression from all this problems I would like to know how can I proceed to do and if this situation affects another VISA (I'm under a B1 VISA too) or if it make it difficult to obtain another one. I have NO other criminal record or illegal issue here in the USA or other part of the world. I have been a constant visitor to the USA for many years and I'm looking forward to make a change in my life since my studies here did not succeed for this reasons.
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 14 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.

Are you currently inside of the U.S.? And you are in F-1 status? Has your status been terminated? How long ago?

Customer: replied 1 year ago.
I'm in the U.S and my F1 is in hold since Wednesday of this week.
Customer: replied 1 year ago.
I also forgot to mention that I was never arrest and my car was not impound at the moment. I have a Driver's License form my country but I did not show it at the moment since I forgot it.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

But when do you have to leave the U.S. and why? And when is your court date in the U.S.?

Customer: replied 1 year ago.
Court date is 08/18 and I haven't talk yet with my DSO at the college, i'll do it on monday if its posible but they haven't told me when I have to go back (which is more likely)
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok, but has your F-1 status been terminated or not?

Customer: replied 1 year ago.
No
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. So then what are your questions?

Customer: replied 1 year ago.
What should I expect? what happens if I can't show up to court?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

What should you expect in what regard? Just the court case?

Customer: replied 1 year ago.
About my court case. Can I leave the country before the court case?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Because it is a criminal offense, you should not leave the jurisdiction, but you can contact the prosecuting attorney and ask for permission to leave the U.S. or an accelerated hearing, or perhaps you can even dispose of the case by negotiating a deal with the prosecutor. So if you need to leave the U.S., I would take those steps first to make sure that you don't get into trouble coming back. If you do not show up to the hearing, the judge could order a bench warrant for your arrest and you could be taken into custody at the airport when you come back. So talk to the prosecutor. This is such a minor offense, they may be willing to negotiate something easy for you.

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 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!

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

Thank you for your kindness and respect. Good luck to you.

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