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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105583
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Questions attorney I am on H1b and my wife is on H4. My GC

Customer Question

Questions for Immigration attorneyI am on H1b and my wife is on H4. My GC processing is going on via my employer.
Below mentioned questions are with regards ***** ***** wife.My wife recently got booked under Misdemeanor -B. We worked with Defense Attorney and the prosecutor agreed to dismiss her case subject to my wife completing community service & Theft class.I have few questions :a) Is it safe to assume that case dismissal ( subject to completing the completing community service & Theft class ) is better than PTD from immigration standpoint ?b) My wife's extension is coming up in 2 months, and i am planning to file for her H4 extension on my own instead of taking help from my employer. So the question is what all additional documents are required due to Misdemeanor-B. Usually my employer files for extension, but it's too embarrassing situation to go back to my employer and tell them about my wife's incident.c) One of my friend told me that we need a letter from immigration attorney explaining the whole situation when filing for my wife's extension, is it true ?d) If i approach my employer to file for my wife's H4 extension, would they know about Misdemeanor-B incident or would they know exact details of Theft ?e) From immigration standpoint & future GC point of view, what all documents should i ask from our defense attorney. We eventually plan to apply for case expungement.f) Last, could you advise me a valid reason that i can tell my employer that why i don't want to to take their service for filing my wife's extension using them. They do it for free.
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 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.

What is the basis of the dismissal? Just community service and the theft class? What is the difference between that and if she entered into the PTD program?

Customer: replied 4 months ago.
Hi Guillermo,The defence attorney told us that she was offered straight dismissal provided she completes community service and they class.The attorney told us that there is no difference between this vs ptd since she is not pleading guilty in either of the case.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Very good! Let's go one by one:

a) Is it safe to assume that case dismissal ( subject to completing the completing community service & Theft class ) is better than PTD from immigration standpoint ?

Since the attorney has stated that there is no difference between a straight dismissal and PTD, it would have the same effect with immigration which is that it would not render her inadmissible nor deportable from the U.S. with is very important.

b) My wife's extension is coming up in 2 months, and i am planning to file for her H4 extension on my own instead of taking help from my employer. So the question is what all additional documents are required due to Misdemeanor-B. Usually my employer files for extension, but it's too embarrassing situation to go back to my employer and tell them about my wife's incident.

She would need to explain the situation (there is a place on the I-539 to do so) without admitting guilt and she should provide certified copies of BOTH the police report and court disposition. Remember they have to be certified copies.

c) One of my friend told me that we need a letter from immigration attorney explaining the whole situation when filing for my wife's extension, is it true ?

No. That is not required. She can explain it herself. What is important is that she not admit to the elements of any crime.

d) If i approach my employer to file for my wife's H4 extension, would they know about Misdemeanor-B incident or would they know exact details of Theft ?

They probably will not know about anything, but you would need to tell them because the form I-539 asks about it and you don't want them lying on your behalf as they as well as your spouse can get into trouble. Right now, if she gets a dismissal, it would not be a problem. If she lies about it, what would not have been a problem becomes a problem.

e) From immigration standpoint & future GC point of view, what all documents should i ask from our defense attorney. We eventually plan to apply for case expungement.

Sealing and/or expungement only erases it from the public records. The government, including immigration, can ALWAYS see it. So she must ALWAYS disclose it to immigration or as I said, what would not have been a problem for immigration suddenly does become a problem. I'm glad you asked this question.

f) Last, could you advise me a valid reason that i can tell my employer that why i don't want to to take their service for filing my wife's extension using them. They do it for free.

You can say you are having problems and she may leave the U.S. and not need the extension but you would decide about it later.

One last thing. From now on and until she gets U.S. Citizenship in the future, she should always travel with those certified copies of the police report and court disposition in case they ask at the Port of Entry. That would make is much easier and faster for her to enter. Yes, I know it is embarrassing, but it will still always come out and it is better than being escorted to secondary inspection and being detained for a few hours. Better to present the documents to the first officer to review and she should be able to avoid going into secondary inspection.

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 4 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 4 months ago.

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

Customer: replied 4 months ago.
HiSorry I couldn't respond to you earlier. Just have been going through lot of stuff.I do have small follow-up questions for you, let me get back to you sometime before early next week.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Ok. I will be around. Hope things work out.

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello. I'm just following up with you again to see how everything is going. I hope things are working out. Do you have those follow-up questions for me? Please let me know. Thank you!

Customer: replied 4 months ago.
HiWill surely send it today before I go to bed.Regards
Customer: replied 4 months ago.
Hi,So here are my follow up questions :a) Since myself & my wife is on work visa and until we get a GC or citizenship in hand, we need to apply for visa extension every 2-3 years , how many certified copies do you think we should ask from the court ? I am not sure, if the immigration officer would keep copy for his own record every time when we meet him at the port of entry or at consulate or when we apply for visa extension ?b) You mentioned that we need to carry Certified court disposition letter along with Certified copy of police report, based on this information, we spoke to our defense Attorney and she mentioned that Law does not allow her to provide Police Report. She said that we cannot get Police report from court.Having said that she mentioned that she can get
Certified Court - Disposition letter ;
Certified Copy of - Probably cause of affidavit ;
Certified Copy of Information / Summary of the chargesShe said that "Probable cause of affidavit" is kind of police report but not in detail, it's more like summary .So now, i am double confused as to how to get "Certified Police report". Do you think "Certified Copy of Probable cause of affidavit" would suffice in lieu of "Certified Police report" ? This becomes important because we plan to apply for record expungment after the case is dismissed. Hate to land into situation where we don't have a document after the expungment is done.c) You mentioned about little paragraph that my wife has to write in which doesn't incriminate her, appreciate if could you please provide us the wordings for the same.Thanks for following up with us & also keeping patience with us.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

a) I would get three sets. One set to turn in for the first extension as you should not need to turn any in for future extensions. One set for travel purposes. One set as a backup.

b) You should be able to go in person or hire someone to go to the police to get a certified copy of the police report. If all they have is the probable cause affidavit, then get that and get it certified.

c) If asked to explain, she just states that she was arrested for allegedly committing a crime but does not give any details where she admits that she did what she was accused of.

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 4 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 4 months ago.

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