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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106287
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Need to travel abroad. Had run in with these law for

Customer Question

Need to travel abroad. Had run in with these law for eluding. I was put in p.t.i after wards case was dismissed and record expunged . Will I be able to reenter or will be denied renter?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Nj
JA: Have you talked to a lawyer yet?
Customer: Yes. They told me I was ok to travel . Because I wasn't convicted and charges dismissed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 month 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 1 month ago.

Sorry for the delay. What is your current legal status in the U.S.?

Customer: replied 1 month ago.
Permanent resident since 1996. Arrest happen in 2004
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Ok. You probably should not have expunged it because while it is erased form public records (that the public can see), it is not erased from government records. What you are supposed to do is present certified copies of the police report and court disposition at the port of entry to make your entry smooth. Since I doubt you have those, I would get something certified from the police and court that says that no records exist and use that to enter. Because you were technically not convicted, it will not cause you to be denied entry, I just am telling you how to get back in easier.

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.

Customer: replied 1 month ago.
I got court order document for dismissal of my case. I got a certify letter from the arresting agency stating no record of arrest exist.
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Then take those with you and that should make your entry back into the U.S. easier.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 1 month ago.
Than why several forums online state that even with dismissal immigration still considers it as conviction under immigration law?
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

*sigh* Let me play devil's advocate. If you believed that, why did you come here to ask?

Customer: replied 1 month ago.
Didn't mean no disrespect. !!! Just trying to get second opinion!!! It's my future at stake.... Sorry!!!
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

No worries. I just was wondering. You see, the issue with those sites is that many people are not attorneys or inexperienced attorneys, and many people don't even know what is going on with their own cases. The reason for the police report is because the officer will want to see if you admitted to the essential elements to any crime. They can get you on either a conviction OR if you admitted to the essential elements of a crime. If you did not admit to anything, they can only get you on a conviction. If you weren't convicted (and you were not because you got PTI), then you should be fine.

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 scroll to the top of the page to see them or 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!

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

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