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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109030
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I just will love if i can get a immigration lawyer to help

Customer Question

JA: Hi. How can we help?
Customer: I just will love if i can get a immigration lawyer to help review my Case or give me advise on what to do
JA: What is your official status? Was any immigration paperwork filed with the government?
Customer: I am permanent resident with 10 years green card but due for citizenship already havent filed cos i go into some situation with my ex which put some record on my name
JA: Have you talked to a lawyer?
Customer: nope
JA: Anything else you want the lawyer to know before I connect you?
Customer: well thats all
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

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.

Customer: replied 4 months ago.
I am not paying extra as i am not sure your service are certain
talk to me on here
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Sorry about that. That is an automated message. Sorry about the delay. What is the issue that you had with your ex? What was the charge? What was the result? When did the case close including any time on probation?

Customer: replied 4 months ago.
f Unlawful Use of a Weapon -
- Constituting Domestic Violence (Count 1), Assault in the Fourth Degree -- Constituting
Domestic Violence (Count 2), Strangulation -- Constituting Domestic Violence (Count 3),
Menacing (Count 4), and Criminal Mischief in the Second Degree (Count 5)
Customer: replied 4 months ago.
ALl classes have been done and all restitution have been paid. I got a three years probation which ends on April 22nd. Just tryna know what to do and if i am good to file. Thanks
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

You should be worried about deportation, actually. 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.

You should not apply until a full 5 years go by after your probation is over. If you applied before, you would be denied as they want to see a full 5 years of no issues. As to deportation, were you convicted of any of those offenses? A conviction for criminal purposes is narrow. A conviction for immigration purposes is broad.

INA § 101(a)(48), the definition of a conviction. It states that:
(A) The term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where-

(i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and

(ii) the Judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.

(B) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of law regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.

So were you convicted?

Customer: replied 4 months ago.
WHat do you mean Immigration purpose and Criminal purpose...My crime had nothing to do with immigration purpose
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

It means that for criminal law, your criminal situation may not be considered a "conviction". But for immigration purposes, meaning whether or not they can use that crime against you to deport you, that could be considered a conviction. What happened at the end of those crimes? Was it adjudication withheld, suspended sentence, dismissal, no action, PTD, or nolle pros or what?

Customer: replied 4 months ago.
Can i email u the sentencing and you can go through them. and also i got my 10 years green card before this happened
Customer: replied 4 months ago.
i have attache the judgement.Kindly look at it and let me know
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

This looks very bad. Have you traveled outside of the U.S. since this happened?

Customer: replied 4 months ago.
twice.. I get stopped and they ask about the illegal use of weapon and they let me go.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Ok. Take a look at this article and let me know if you understand the seriousness after you have read it:

Customer: replied 4 months ago.
I have read the article, But that doesnt answer my main question...what can be done is my question, i am not worried about the deportation as i dont think u get the help i am asking..all i need is can i apply now or not and if not what can be done...
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Why would you not be worried about deportation? Filing for U.S. Citizenship could result in them denying your case and referring your case to ICE to start deportation against you. So why would you not be worried about deportation?

Customer: replied 4 months ago.
Because there is nothing i can do now, the verdict has been made.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

That's not true. There is something you can do now, but first I want to know why you would want to risk deportation applying for U.S. Citizenship? Why are you so desperate (it seems) to get U.S. Citizenship if there is a very real risk that it will result in your deportation?

Customer: replied 4 months ago.
Becuase i Need it, ANyways what can be done.?
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

I am trying to help you. Why do you NEED U.S. Citizenship? Are you worried about Trump? Are you needing to apply for Residency for a parent or spouse or something like that? It is ok to tell me.

Customer: replied 4 months ago.
I need it because i need to be able to travel for my career and this situation is not helping me kknow if i will get stop again when i come in to the country
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Well, you need to get rid of the conviction so that they cannot deport you because of it. You have generally the following options:

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

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

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 deport you. Unfortunately, sealing or expunging the conviction does not work.

I would NOT file for U.S. Citizenship unless you have success with one of those things. It does not make since to be deported just because you need to travel for work. Better to find a different job and be safe in the U.S. than deported and stuck outside.

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 4 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!