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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108682
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I just had my interview 2 days ago official game me a paper

Customer Question

I just had my interview 2 days ago official game me a paper where it says I passed the English and civics test but a decision cannot be made right now. I am a bit worried, she asked me If I have ever been arrested and I answered no, as I have never been
arrested. I have speeding tickets, point accumulation as where I have gotten my drivers license suspended, I also found out I owe 1 ticket in a city nearby of my hometown. I owe them since 2008, and I checked I have a warrant on that ticket, I am really scared,
my application gets denied, I need help
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 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.

Don't be scared. That just means you wasted $680. It doesn't mean you will get deported or anything like that. All the tickets that you got in the past, from when to when were those tickets issued? How many each year?

Customer: replied 1 year ago.
unpaid ticket was form 2008, and I have a ticket right now I was issued on 2010 but I am paying that one right now, Installment agreement payments. Recently I have not had any tickets just from 2011 to present I can only say 2 which are paid already. You really think I will get denied? :( What can I do in this case?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, you need to immediately pay the 2008 ticket and have that warrant set aside. If you are lucky, USCIS will ask for evidence in regards ***** ***** 2008 ticket and you will be able to provide the evidence that the warrant has been set aside and that it has been paid. If you continue to be lucky, they would not find that you are a habitual traffic offender and that you do not disrespect the traffic laws in the U.S. If you get unlucky, they will deny you for lack of respect for the traffic laws. It does NOT mean that you will be deported. It means that you would need to apply again and prove good moral character. But honestly, to have the best chance of approval in the future, you should apply a full 5 years after you pay off the 2008 ticket because they want to see a full 5 years with no issues. Maybe 1 or 2 traffic tickets during that period would be ok, but there are no guarantees.

If you want to still try to move forward with the current application, apart from paying the 2008 ticket and setting aside the warrant, you can also submit good moral character letters from friends, family, co-workers, bosses, neighbors, etc. where each writes their own letter stating who they are, how long they have known you, how they know you, and that you have good moral character and to give the reasons why they believe you have good moral character. The more detail, the better. The people you ask to write the letters do not have to know about any issues in your background.

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 even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 1 year ago.
If I pay the tickets right now, will they show right away on record, while reviewing them, or you think they have already reviewed this and they will not get updated report? Also If i get denied, Is it good to appeal and show them I have paid those tickets and have no warrants of arrest? Is traffic violations such a big issue to get denied? I have never been arrested for anything.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

It might show right away on the record, but they will still want something certified that says that you have paid it and the bench warrant has been set aside. As far as appealing, it depends on what they deny you for. If they deny because they do not believe you have sufficient evidence of good moral character you may be able to supply more evidence, but if they deny you because they believe you do not respect the traffic laws of the U.S., you may be better off waiting 5 years to have a clean record. Remember, an N-336 appeal is still $650. It may be better to just wait.

Let me know if you need anything else, but please do not forget to rate me positively. Thank you!

Customer: replied 1 year ago.
I would prefer not to wait, I really hope I get approved, I want to be citizen so I can submit form for a green card for my gf, get married and apply a green card for her. So you think they can deny me for not respecting traffic laws in U.S.? I just checked my driver license right now and its eligible has no penalty just what worries me the ticket and a bench warrant.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Because you have only had 2 tickets in the last few years, that should not be a problem, but I think the 2008 ticket that you never took care of, you better have a very good explanation as to why you never took care of it. So depending on that explanation and all the other evidence that you have of your good moral character, that will determine whether or not they will approve you. Let me know if you need anything else, but please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are NOT charged again and we do NOT finish just because it says, "Rate to finish" or something like that. I will not abandon you after you rate me positively if you have additional questions. Thank you for your understanding!

Customer: replied 1 year ago.
Dont worry Mr. Senmartin I will give you 5 stars, I just checked my driving record Texas deparment of public safety record Driver Eligibillity: Eligible
Event HistoryIt shows 1 ticket in 2010 and 2011 those I am paying I have taken care of those, It does not show the ticket being given by city of pharr , the ones that show I have warrant for arrest.Also ticket in 2007 for speeding
and 2009 displayed expired license other than that It does not show anything else, do you think I am clear, my last ticket was given on 2011 and that I have taken care of already no warrant for 2011 and 2010 ticket
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

That certainly helps. However, if you still have the warrant from the 2008 ticket, paying it off now and setting the warrant aside may get you an approval, but they may still deny anyway because they want to see 5 years without any issues and they can count the 5 years starting from the time that your warrant was set aside. I wish I had a way to guarantee, but it is really up to discretion of the officer reviewing your case. Let me know if you need anything else, but please do not forget to rate me positively. Thank you!

Customer: replied 1 year ago.
that was from 2008 Its 2015 so lets say I pay ticket and warrant is off, I get letter and last thing they saw was warrant on my arrest do you recommend me to appeal and show them I have taken care of this issue already, or is it a lost case?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

You MIGHT get an approval, but they may count the 5 years starting from the date that you set aside the warrant and pay for the ticket meaning now. All you can do is try and explain why you waited until now to take care of it and hope the officer does not decide to start counting the 5 years from now forward. I can use probation as an example. They count the 5 year period from the END of a probation period, not from when a case is closed. So using that as an example, they may decide to begin counting from the date you pay the ticket and close out the case. Like I said, all you can do is try and hope for the best and add a good explanation and good moral character letters. Let me know if you need anything else, but please do not forget to rate me positively. Thank you!

Customer: replied 1 year ago.
I can tell them I have always checked my driving report and in report It does not show that violation , In fact Violation is from 2005 I also never received any letter regarding this violation as I moved to new address and probably all letters went to old address. But to who would I have to talk to? They told me I had nothing to do now but wait for their response by mail. So how can I show them I have taken care of this and explained it to them. Also, she never asked me about any ticket violations , she just said you have never been arrested? I answered never ,which is the case. So when I started thinking about possible reason for delayed decision this warrant came out. Do you think they are aware of this, do they just check background record and driving record. Or do they go asking cities if I owe any ticket, I know FBI conducts background check but this is not related to driving tickets, so what kind of info she might have, and that's if she has it regarding this matter?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Don't confuse crimes that can get you deported with things that can cause a denial of U.S. Citizenship. To get U.S. Citizenship, you have to show you are a good person, respecting of the laws, and have no significant issues in your background. I know you want to get approved, but you are going to have to get something CERTIFIED from the government authority that you paid that ticket and that you set aside the warrant. You can write a letter of explanation to state that you never got notice, etc. and sign it and have it notarized. All you can do is try and prove that you are a good person and deserve to be approved. Please leave a positive rating at this time. I have faithfully answered all your questions and I think it is now time for you to trust me when I tell you that after you leave a positive rating, your question does not close and you can continue to ask follow questions on the same question thread without additional charge. Thank you for your understanding.

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

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

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