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I husband has been living together and we have to kids age…

I husband has been...

I husband has been living together and we have to kids age 11 and 8. We were recently married last month after his divorce from is ex wife. I would like to file for him by the end of this month but I cannot find my certificate of naturalization. I have the certificate number and I also has my green number. Will the number be enough or the will need the physical certificate?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

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Lawyer's Assistant: Hi. How can I help?

My husband has been living together and we have to kids age 11 and 8. We were recently married last month after his divorce from is ex wife. I would like to file for him by the end of this month but I cannot find my certificate of naturalization. I have the certificate number and I also has my green number. Will the number be enough or the will need the physical certificate?

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

No

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

He was arrested in 2005 for harassment of his first wife by phone and in person. he was release on ROR, this was his firsr arrest. he was given 1yr probation and $75 fine. will this be a problem?

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Answered in 5 minutes by:
3/10/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,380
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

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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Customer reply replied 4 months ago
hello

Sorry for the delay. I just ask that if the news is not good 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.

What was the visa that he used to enter the U.S.? Was he convicted of harassment?

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Customer reply replied 4 months ago
he plead guilty for less charge and it was a visitor visa

What was the lesser charge?

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Customer reply replied 4 months ago
harassment

What was the original charge?

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Customer reply replied 4 months ago
he plead guilty to a lesser degree of harassment

That may still be a deportable offense with no waiver, by the way. Domestic violence is extremely serious. What city and state was he convicted in? Please get me the statute number under which he pled guilty to so I can check. I hope it isn't bad news, but if it is, please do not shoot the messenger. I am only the messenger.

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Customer reply replied 4 months ago
he was charge with in Mt Vernon New York
pl-240.3 -01 2-agg harr -2nd: communicate { reduce to PL-240.26-03
pl-240.30-.2 2- agg harassment 2nd: telephone
pl-240.26-01 2 harassment 2nd phy contactPlead guilty on 8/3/2005 to
PL-240.26 01 harassment 2nd
Customer reply replied 4 months ago
He was not arrest on the scene. He heard that the police was looking for him and he turn himself in.
Customer reply replied 4 months ago
Hello
Customer reply replied 4 months ago
Hello ???

Sorry about the delay. I was away for the weekend doing some charity work. Take a look at this link on page A-86:

http://defgen.vermont.gov/sites/defgen/files/Research/6_QuickReferenceChartforNewYorkStateOffenses.pdf

As you see, it could cause your spouse to be deported. I STRONGLY recommend that you hire an experienced attorney to review his record of conviction to make sure that the age/relationship of the victim was kept out of the record of conviction. If it was not, then you should not file anything for him because you can trigger his deportation. As to your original question, the number is ***** to file the paperwork, but you should file an N-565 to get a new copy of your certificate because they will most likely ask for it some time down the line. Here is a link:

https://www.uscis.gov/n-565

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.

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Customer reply replied 4 months ago
Should I hire an criminal or immigration attorney? My plan was get free help to fill out the i130 and the i485 form and wait until I get a response then hire and immigration lawyer is necessary. Will I be able to do that ?

Well, for you to do the N-565 you don't need an attorney. For your spouse to be petitioned for, I would hire an immigration attorney that also has criminal law experience. If it turns out that the conviction is a deportable offense, then he primarily has the following options:

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

2) Hire a VERY good criminal attorney to look into the possibility of reopening his 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 he would need an agreement from the prosecutor not to prosecute him again (which they can do). You can try looking for an attorney at www.ailalawyer.com.

3) Convince the majority of the U.S. Congress to change the law or to make a law of special application only for him called a Private Bill.

These options essentially would eliminate the conviction so that Immigration cannot use it against him to deport him. Unfortunately, sealing or expunging the conviction does not work.

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!

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Customer reply replied 4 months ago
his ex wife was also arrested for stabbing( felony) him one year after his arrest. He did not press charges but the state did. Would that information help him. The divorce end badly.
Customer reply replied 4 months ago
He has changed his life around and he is now a pastor in our church.

It won't help him if the conviction makes him deportable from the U.S. and I think it might. I understand he has changed his life around, but that doesn't eliminate the conviction.

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

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,380
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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