Immigration Law

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What if you are incarcerated while your 10 year card expires…

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What if you are...

What if you are incarcerated while your 10 year green card expires and you apply for it after you are released. Will they need to know the type of crime

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

No this is for a friend and he applied in 2016 and didn't receive the card and now needs it but has moved. I am trying to understand why they aren't asking him what crime he was in jail for.

Lawyer's Assistant: Have you talked to a lawyer yet?

No - He doesn't think it is a problem but I seem to notice that they do a criminal history and fingerprinting. So I am looking at the papers and I don't see it mentioned. They must know it expired while he was in jail but why isn;t the crime being asked.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The crime is aggravated stalking a felony with 1 year jail time and 4 years parole . That seems to be on the list of possible deportable crimes ? It would see that sending in an application for renewal in 2016 is not getting it as there seems to be a missing piece.

Submitted: 1 month ago.Category: Immigration Law
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Answered in 5 minutes by:
3/6/2018
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 month ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,966
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Hello! My name is***** and I am a licensed attorney with more than 15 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.

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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 month ago

Sorry for the delay. 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.

They will fingerprint you and see it anyway. What is the crime and what was the sentence?

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Customer reply replied 1 month ago
I am a psychologist and am currently responding from my office at the state. I work with criminal youth and young adults. This is not about one of my cases but abouit a friend who was charged by his exgirlfriend with aggravated stalking - a felony and charged with 1 year incarcerated and 4 years of parole. He was told if he is rearrested that he will be deported. I see that his 10 year visa from Italy expired while he was in jail and he fill out an application and paid $500 when he got out but has since moved and never received the card. He went to the immigration office to get a copy of the card and they wanted to take $500 for a new application. He asked me to look into why they never sent the card and gave me his papers as his englixh is poor . I am looking at it and I see a missing step and that is the fingerprinting and criminal history . It sees that the next step would have been a person to person contact where information would have been taken about change of circumstance. He moved and didn't report the move and asked me to have the card sent to the new address . It doesn't feel like the fingerprinting was done. They couldn't answer questions about what happen to the application from 2016 and the $500 both at the immingration office or on the phone . I am confused. Does the immigration office not know the nature of his crime and don't they check ?
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 month ago

Was it a 10 year visa issue in Italy or a 10 year U.S. Lawful Permanent Residency card?

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Customer reply replied 1 month ago
lawful permanent residency card I think 1 I have a copy of it . Can we talk on the phone
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 month ago

It's an extra $59 to upgrade to that. Take a look at this link:

https://www.nacdl.org/uploadedFiles/Content/Legal_Education/Live_CLE/Live_CLE/04_Imm_Consequ_Dom_Violence_Related_Cases.pdf

Stalking is considered Domestic Violence and is a deportable offense, so yes, he is going to be placed in removal proceedings. When he applies to renew his Residency, they will take his fingerprints and they will see it. So what else would you like to know?

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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 month ago

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

So what would you like to know?

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