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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105637
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a friend who is currently incarcerated at Central

Customer Question

I have a young friend who is currently incarcerated at Central California Women's Facility in Chowchilla , California. She will appear before the Board of Parole Hearings on August of 2017 , or sooner. I understand she will be deported immediately when BPH grants her parole suitability. However, she has an organization who would like to sponsor her here in the United States upon her release.
Is it possible to appeal this matter and in the event that she is deported, is there a chance for her to come back as she has a strong support system here in the United States?
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 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.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Sorry for the delay. How did she enter the U.S.? Illegally or with a visa? Which visa? What country is she from? How long ago did she enter the U.S.? How old was she when she entered the U.S.? Why is she detained? What crime did she commit? What was the sentence? Please try to answer each question. Thank you.

Customer: replied 2 months ago.
Guillermo..I will have to do a little research. Can I get back to you later? I don't have all of the answers
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Sure. Take your time. Your session never actually closes. Just try to get each question answered because each is very important to her possible options.

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello Karen, are you still looking that stuff up for me? Don't worry, I won't ask you for private information like the person's name or anything like that, so they are safe. Let me know. Thank you.

Customer: replied 2 months ago.
I have written for answers to all the questions and will contact you as soon as I receive them. Thank you for following up.
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

My pleasure. I will be around. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Nothing yet?

Customer: replied 2 months ago.
Not yet.
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Not sure why that is taking so long. It's basic information, but no worries. I'll be around. Thank you.

Customer: replied 2 months ago.
To receive information from my friend I need to either visit her or correspond. She can call me, but I cannot call her. I have written, asking the questions. She can either call me or write back. It is a very cumbersome, frustrating process, but the only one we have to work with.
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Ok. No worries.

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello Karen, trying to keep this thread on my active list. Anything?

Customer: replied 2 months ago.
No, but I expect to hear soon. Thank you for keeping in toudh.
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

No problem. Thank you.

Customer: replied 2 months ago.
I received her answers. She entered the United States legally June 2001 as a tourist from the Philippines at 20 yes of age. Detained for 2nd degree murder. Sentenced to 15 yes to life with possibly of parole. She will call me Friday at 1 pm if you have more questions. I hope to have some information for her. Thank you so much.
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

This is a very bad situation.. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

She has been convicted of 2nd degree murder, not just detained for it, but convicted?

Customer: replied 2 months ago.
She has been incarcerated and is due for a hearing before a parole board soon.
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Unfortunately, that's something that makes her mandatory detention and deportable from the U.S. It may be that she will never be able to get Residency again no matter who sponsors her, though she might be able to visit the U.S. Did she ever get legal status in the U.S.? When was the crime committed?

Customer: replied 2 months ago.
I'm not sure of the data of the crime. I will ask her when she calls on Friday. You say she May never get residency again.. Are there exceptions made? I am interested in information only . I have no intention of rating anyone. Please just help me with my friend.
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

There may not be help available. That's the problem. Murder is one of those things that are a permanent bar and I'm sure you can understand why. It's at the top of the list:

http://www.masslegalhelp.org/immigration/grounds-of-deportation-for-criminal-convictions

So on Friday, ask her when the crime was committed, if she ever got Lawful Permanent Residency, if she has any U.S. Citizen or U.S. Lawful Permanent Resident relatives and who they are, and if there is any possibility that her conviction was obtained improperly or something of that nature.

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello Karen. Did you get any additional information?

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello Karen. I see that you have seen my response and haven't replied. Not sure why. Anyway, unfortunately, an aggravated felony is a permanent bar to any U.S. immigration benefit, so she mainly has the following options:

1) Get a full and unconditional governor's or U.S. Presidential pardon.

2) Hire a VERY good criminal attorney to look into the possibility of reopening her criminal case because something was done incorrectly at the criminal level. If the case can be reopened, then the conviction needs to be vacated (set aside) and then she would need an agreement from the prosecutor not to prosecute her again (which they can do). You can try looking for an attorney at www.ailalawyer.com.

3) Convince the majority of the U.S. Congress to change the law or to make a law of special application only for her called a Private Bill.

These options essentially would eliminate the conviction so that Immigration cannot use it against her to deport her. Unfortunately, sealing or expunging the conviction does not work.

4) IF she became a U.S. Lawful Permanent Resident while inside the U.S. AND she has a U.S. Citizen or U.S. Lawful Permanent Resident spouse or son or daughter that would suffer EXTREME HARDSHIP if she is deported, then she MIGHT stand a chance to not be deported and get Residency again.

I am truly sorry, but she has a tough battle ahead of her. So her fight must be in the criminal field, not the immigration field, at least for the moment.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello Karen. 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 2 months ago.

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