How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106780
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

I have filled a petition in immigration status wife back in

Customer Question

I have filled a petition for change in immigration status for my wife back in June 2010 with an attorney in Bakersfield, CA. (Marcos Camacho). She got the residency (green card) and after different instances she has got her ten year period new resident card on November 2015.
I have learned recently that before we got married back in 2009. She was married to another man and got divorced two weeks before our marriage in Nicaragua. I also learned that she has two daughters in Nicaragua. I didn't know any of these until recently. When I filled and sponsored her change of status she didn't disclose all this information in the immigration forms.
Is there any way to pass this information to the immigration offices and have her residency cancelled?
I also have documentation about a domestic violence incident where she was arrested and convicted in Bakersfield, CA back in 2012. I also have documentation when she was detained at a Macy's store in Pittsburgh, PA for ShopLifting back in 2014 while she was still under probation from the CA incident.
I just want to know if these facts could disqualify her from keeping her resident satus. If yes I would like to start the process.We currently live in Canonsburg, PA.
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 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.

She did not disclose the existence of the daughters?

Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Also, what other evidence do you have that she only married you for the green card? And if she had that domestic violence case why didn't it come out when her fingerprints were taken? Are you sure she was convicted?

Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

I want to help you, I really do because few things in U.S. immigration law upset me more than this type of situation. I am on your side, but I need you to respond, please. How are you aware that she was convicted of domestic violence in 2012? That by itself is enough to get her deported.

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.

I would put together the evidence that you have against her and make the report to the local USCIS Field Office. Here is a link:

https://www.uscis.gov/about-us/find-uscis-office/field-offices

If she was convicted of domestic violence, this is a deportable offense and it does not have a waiver. So eventually she should be deported just on that offense. The shoplifting is a minor crime and normally would not cause a deportation. Not disclosing the existence of two daughters may not be material for the green card process because it may not have mattered if she had children or not as long as she was legally eligible to re-marry. But they may have decided to dig into her past to see if perhaps she was also married to the father of the children and because she omitted that, they could consider it material.

If you have any other evidence that you believe she married you only for the green card, I would submit that as well. If the evidence is strong enough, she would be permanently barred from ever getting Residency again, even if she had U.S. Citizen children.

Don't let her get away with violating the immigration laws.

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 7 months ago.
Guillermo.
The domestic Violence incident back in 2012 was against me and I have all the police and court documentation related to that incident (even pictures).
She didn't disclose the two daughters in Nicaragua and her previous marriage that ended (divorce) two weeks before marrying me (I didn't know anything about it until three weeks ago).
As for the Shoplifting incident in Pittsburg, PA that happened back in 2014, I also have all the Store report and the attorneys and court documents
Would filing them through a website be enough to trigger a deportation? Do I have to contact the local USCIS office by mail?
Customer: replied 7 months ago.
Is there a special form or procedure that I have to follow to report these incidents to the USCIS? or just a letter would be enough?
How long that this takes to be processed normally?
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Walter!!! Thank you for finally responding! As I said before, what will really get her deported is a conviction for domestic violence. The other two issues will either not get her deported or not make her a priority for deportation. A conviction for domestic violence would make her both a priority for deportation and should get her deported. I would go in person to the local field office to have the best result. You can make an appointment by going to http://infopass.uscis.gov. There is no special form to fill out. You just speak to an officer and present the evidence. As to how long it can take to get her deported, that I am afraid to tell you because you may want to take that out on me. Please don't. That's not my fault. It can take months or more likely years to get her deported. This is why you need to get this done as soon as possible.

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 click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Customer: replied 7 months ago.
Ok thanks, ***** ***** have more questions I'll come back to you.
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

You are very welcome, but PLEASE do not forget to rate me positively so that I can get credit for my assistance to you. 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 don't see them because perhaps you are using the mobile app, then try clicking on my name and they should come out. Since I am NOT given a salary, it is the only way the website will compensate me. You are NOT charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!

Customer: replied 7 months ago.
Guillermo, I tried what you suggested me. I schedule an appointment with the USCIS office in Pittsburgh and toke all the evidence to them. The officer told me that there is nothing I can do as she already has her green card. It would have been possible before getting her green card but now that she has one it can not be consider to invalidate her green card.
I'm really confused.
They made copies of them for her file anyway because that may be taken in consideration if she ever applied for citizenship.
Do you have any comments or suggestions?
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Walter, you left without leaving a positive rating. I understand that perhaps you thought our session would close once you did that, but I assure you that it does not close and you can continue to ask additional questions without additional charge on the same session. Please don't forget. If you don't leave a positive rating, the web site does not compensate me for the time and effort that I spent with you since I am not given a salary at all. It's the only way they compensate me.

Anyway, did you provide a certified copy that she was convicted of domestic violence and that it was before she got her green card?

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Hello Walter. Ignoring me is not going to get you the answers that you need. If you did not provide certified copies of the police report and conviction, then you should. When she applies for U.S. Citizenship, or when she applies for someone like a new spouse or a parent or something like that, or when she travels outside of the U.S. and comes back in, that should pop up and she will have to defend herself or be deported and there is no waiver for a conviction for domestic violence. So she would either have to get a governor's pardon for the crime or have the crime reopened and vacated. Both are VERY difficult to do. So the chances are that she would be deported. Don't give up. It just may take time to get her deported but think about it this way, the longer she stays, the more roots she puts down and the more it will hurt when she is eventually deported.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is click on my name and they will come out. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

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