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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105701
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Just wondering if I can get my deportation status reverse,

Customer Question

Just wondering if I can get my deportation status reverse
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: No
JA: Have you talked to a lawyer yet?
Customer: Yes, they said it was a long shot .
JA: Anything else you want the lawyer to know before I connect you?
Customer: I was tried as an adult at the age of 15 for attempted murder. Served my time and ins picked me up when I got paroled. They made me sign an agreement to leave the country if I wanted to get out of jail. They know that I couldn't get sent back because I was born in a UN Refugee camp in Thailand during the time America was dropping 500million tons of bomb on my parents land in laos so my parents fled into Thailand with my mom bring pregnant with me. We got sponsored to come to the US by a Christian family. We all got our permanent residency but mines was revoked. My offence happened 20 years ago. I am now married to a White American woman, with 3 kids. I live my life everyday fearing that INS can just come grab me from my family and send me back to a country I know nothing about. I've been in American since 1984.
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.

You would first have to do something about the conviction. You generally have the following options:

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

2) Hire a VERY good criminal attorney to look into the possibility of reopening your 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 you would need an agreement from the prosecutor not to prosecute you again (which they can do). You can try looking for an attorney at www.ailalawyer.com. Perhaps it was even inappropriate to have you tried as an adult.

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

These options essentially would eliminate the conviction so that Immigration cannot use it against you to keep you from getting Residency. Unfortunately, sealing or expunging the conviction does not work.

If you are able to get the conviction taken care of, then you could file an I-130 and once that is approved, you can motion the immigration court to reopen your deportation proceedings and allow you to file the I-485 with them to get Residency status. It's a long road and you should hire an attorney to help you. You can look for one at www.ailalawyer.com.

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