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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: 109611
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My husband and I were married in 2002. We have sought help

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My husband and I were married in 2002. We have sought help from a variety of scam lawyers. We did a FOIA went back to see last lawyer he said everything looked good. They said they would do everything and then all of a sudden they sent us to another lawyer. We asked why tweet said it was tge next step in the process. Called the referred lawyer and of course they want money upfront. She we brought our file including FOIA she said we needed background check FBI, Tha was supposed to be done wirh referring lawyer and They never did the FBI background check. I then checked tge FOIA and find out that my husband had an order for deportation. We did not know that because he was detained, fingerprinted and released into the US. The coyote told him to throw away the papers from the border patrol.We never new about deportation order until I called earlier this year. Since he has had TPS but one year they sent it back stating that it was not sent in on time. I have proof it was because I sent it by certified mail. Went to legal aid and she said they would be wasting our money. We hired a lawyer and were told there was nothing we could do. We know we need fingerprinting and background check. Why did they give him TPS and what can be done now?

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.

It looks like no one wanted to get to this question because it might be a little complex and the value is very low. I'll give it a try, though. Your spouse may have gotten TPS by accident. What country is he from? Mexico or Canada? When was he ordered deported from the U.S.? Did he ever leave the U.S. after that? How long did he stay out? When he applied for the TPS, did he disclose that he had been in the U.S. illegally before?

Customer: replied 9 months ago.
TPS for Honduras and hurricane Mitch destruction throughout country. Should have been Refugee status in my opinion. My husband is indigenous to Honduras.
Customer: replied 9 months ago.
He was never in the US illegally before. When they detained him and fingerprinted him they let him out in Brownsville, TX USA and told him to go where he was intending to go and did give him a paper but the coyote told him to throw it away. As my husband did not read or write English he had no idea it said he had to report to court. He gave them info as to where he was going. When he applied for TPS he had no idea that there was a deportation order for him. I found out after the lawyer that we had gave us the FOIA disk in 2016 and I saw another Anumber, called the line and found out that there was a deportation order dating back from when he entered in 1995 . He only entered the US illegally only once. Has never left. When they received the FOIA the paralegal reviewed it in front of us and said everything looks good. As I sad they never sent off the fingerprint card for the FBI background check like they were supposed to all of a sudden they sent a letter stating that we needed to see another lawyer, payment up front of course At least she was honest and said she needed the FBI background check before she could move forward and did not take our money . The other lawyer is SCAM LAWYER for sure.

And you are a U.S. Citizen? Have you filed anything for him yet? An I-130 perhaps?

Customer: replied 9 months ago.
we are at visa stage but need the FBI fingerprinting to get that report.

He has two problems at the moment. The first, is that he entered the U.S. illegally, so regardless you would not able to help him stay, only to come back to the U.S. Second, he has an order of deportation which would make it much harder for him to come back. So understanding this, what is your plan and I can help clarify what his options are? I also assume that his TPS is no longer valid?

Customer: replied 9 months ago.
That is a whole other story that I addressed in original question. We know he has to go back to get a visa but want to resolve issues prior to his departure.

Ok, but what issue? The order of deportation?

Customer: replied 9 months ago.
I would have to defer until tomorrow. What I know us that we need the FBI background check

If he doesn't have any crimes in his background, I don't know what help the FBI background check will be. Would you like me to tell you what I believe you will need to bring him back to the U.S.?

Customer: replied 9 months ago.
He does have a DUI from 1999 and a scedule 3 drug possession charge, non specific, at the same time. Can't get files because the were destroyed as per policy in Fairfax County after a certain number of years. He is here in the US. He never left.

Then he's not going to qualify for the I-601A waiver, I'm afraid. Even the I-601 will be difficult. What was the drug charge? He was convicted of simple possession? Of what? I have to tell you that if is it anything else other than less than 30 grams of marijuana, the possibilities dwindle to almost nothing.

Customer: replied 9 months ago.
Just a schedule 3 drug not specified and as I said the records were destroyed so no info available from Fairfax County. It was a misdemeanor.

Yes, but I'm sure he knows that type of drug it was and maybe even the amount. I see why you are waiting for the FBI report. As I said, if it is anything other than less than 30 grams of marijuana, it's a permanent bar.

Customer: replied 9 months ago.
It's not what they were convicted for? His conviction was for possession of schedule 3 drug. They did not identify it in the conviction. I have the paper that says what the conviction was for from the court but they do not have the file because they destroy those after a certain time

What type of drug certainly counts. As I said, if it is anything other than less than 30 grams of marijuana, it's a permanent bar and that's another hurdle that he will have to conquer because he would have to either get a U.S. Presidential or governor's pardon for the crime or a vacature.

Customer: replied 9 months ago.
what he was arrested for counts

No, an arrest by itself doesn't necessarily count unless it is trafficking or money laundering. You said his conviction was for possession of a schedule 3 drug. If that schedule 3 drug was anything other than less than 30 grams of marijuana, it is a permanent bar.

Customer: replied 9 months ago.
What I am saying is the conviction actually says possession of a schedule 3 drug

I understand that, just because it does not state what the drug was doesn't mean that they cannot find out what it was and even if they do not, the burden of proof would be his to prove that it was less than 30 grams of marijuana since in the future he will be applying for an immigration benefit where the burden of proof is on him, not like in criminal law where the burden of proof is on the government.

Customer: replied 9 months ago.
That doesn't make any sense and another immigration lawyer that I trust and was an immigration prosecutor at one time said that as long as it was not specified and the files were not available it wouldn't hurt him. It would just be the actual conviction.

Well, I am not here to argue with you and I took this question as a courtesy 4 days after no one wanted to touch it. You don't have to trust me, but I think in your gut you understand that it makes sense. If there is ONE waiver available for one conviction of less than 30 grams of marijuana and no other waiver available for any other drug, of course it has to matter.

Customer: replied 9 months ago.
it only matters what he was arrested for then. Not convicted of.

*sigh* You aren't understanding me. He was convicted of a drug offense. The conviction counts. The ONLY waiver available is for less than 30 grams of marijuana. To get that waiver, HE would have to prove that he was convicted of possession of less than 30 grams of marijuana. What don't you understand about that? Honestly, I think I am going to opt out of this session soon because for the very low value, it isn't worth for me to continue especially after you left for 2 days without a word. Since I am not given a salary to be here, I've essentially worked for free up until now and that's not right.

Customer: replied 9 months ago.
Thats fine you may op out now. We already have a lawyer that we have spoken with that is only asking for the fingerprinting for the FBI background check. I have ask the other documents. We will just go through him because he was very upfront about having to know the FBI report to know what could be done. Thank you for you help.

Yes, of course, but it's obvious that you and your spouse know exactly what type of drug and the amount and it isn't less than 30 grams of marijuana. There are limited ways around that, but since you aren't willing to cooperate with me, it wouldn't be of use to tell you how. I wish you good luck.

Customer: replied 9 months ago.
You basically told me that if it's over 30g of marijuana their us no way around it.

There is no immigration waiver available, but there are a few ways around it even if long-shots. But since you aren't forthcoming with information, I don't see how I can help. If the issue is that you don't want to write things down on a public forum, we can upgrade this to a phone call. I'll send that to you now. If not, then let me know how you would like to proceed.

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