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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 105572
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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I was wondering if you could help me: My partner has recently

Customer Question

I was wondering if you could help me:

My partner has recently been convicted of Fraud by Abuse of Position and was given a suspended sentence for two years from the Crown Court.

My sister lives in Florida and so obviously we would like to visit her at various times over the next few years, but I understand this may be a problem for him in terms of having a criminal record and the Visa Waiver Program?

I was wondering if you could help by guiding us on what would our options are in terms of obtaining a Visa? Any further advice you can offer on this situation?

Many thanks and I look forward to hearing from you.
Submitted: 2 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 2 years ago.

Hello and thank you for using our service. My name is Guillermo Senmartin and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one. Also, we have been having technical issues lately. If you respond and you do not see your response, please post again until you can see it because if you cannot see it, I cannot see it to respond.

 

 

 

What are the details in regards to this case? How did he abuse his position? Was there a loss to the victim? In what amount? What was the maximum jail sentence? What was the actual amount of time that he served?

Customer: replied 2 years ago.
Hi Guillermo,

The details of the case are as follows:
He was an IT developer for a company and did some work for a 3rd party during which time he defrauded £25,000 from them (the 3rd party) using their tills refunding the money onto his own debit card to pay off debts accrued from payday loans. This money has been paid back now in full.

He was given a 12 month suspended sentance suspended for 2 years.

Let me know if you need anything more.

Thanks for your help so far.
Regarda

Expert:  Guillermo Senmartin replied 2 years ago.

Unfortunately, that’s an aggravated felony under the U.S. immigration laws because it was a fraud that was over a $10,000 loss to the victim and the U.S. does not recognize foreign pardons, so there really is no way that he can get rid of that. Therefore, he is permanently inadmissible and thus ineligible for an ESTA Visa Waiver. However, there is a solution, though not an easy one.

He can still visit by applying for a B-2 visa which can be found here:

http://travel.state.gov/visa/temp/types/types_1262.html

And he would need a 212(d)(3) waiver which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link):

http://www.state.gov/documents/organization/87150.pdf

or on form I-192 which can be found at www.uscis.gov/forms. You can find more information here:

http://www.ilw.com/articles/2003,0930-labrie.shtm

So it may be a longer harder route to take, but at least there is a possibility.

Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That doesn’t help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. After you rate positively, a bonus is always appreciated, and I can still answer additional questions for you without additional charge. Please do not log off without rating positively. It is VERY important for me to receive credit since I receive no salary. You are not charged again. If you would like to request me in the future, just type: FOR GUILLERMO on the subject line. Thank you!

Customer: replied 2 years ago.
What would you say the chances of getting a B-2 visa approved through this process?

Thanks
Expert:  Guillermo Senmartin replied 2 years ago.
I cannot tell you what the chances are. They do not release statistics in this area and each case is different. If he can show that he is rehabilitated, a good and positive member of society and not a danger to the U.S., then his chances should be better than most. Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Expert:  Guillermo Senmartin replied 2 years 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 Senmartin replied 2 years ago.
Hello Jenny. It looks like you are seeing my responses but you are not responding. Are you having technical difficulties? I want to make sure that you are satisfied with my responses and have a positive experience with the website and with my service. So please let me know if there is anything else that I can answer for you because I will do my best. Thank you!
Customer: replied 2 years ago.

Hi,


 


Sorry for the late response I was out of the country on holiday with limited access to my mails at that time. Thank you so much for your response.


I have one final part to the question please, if he already has a ESTA which is still valid before the offence and conviction would this still be valid?


 


Thanks


Jenny

Expert:  Guillermo Senmartin replied 2 years ago.
Hello and welcome back. He is inadmissible on that visa. If he tried to use it, one of three things could happen:


1) They will allow him to withdraw his request to enter the U.S. and he can go home, no penalty.

2) They will not allow him to withdraw his request to enter the U.S. and will order him excluded. This has a 5 year penalty that he cannot come back unless he gets a very hard to get waiver.

3) They will not allow him to withdraw his request to enter the U.S. and they catch him in a lie and they exclude him with a permanent bar due to fraud and/or misrepresentation and with that charge he cannot come back unless he gets a very hard to get waiver.


It is possible that they may not see the offense at all, but after 9/11, when countries share all that information with the U.S., I would not take that risk. The safest thing to do is the B-2 with the waiver, even though there is no guarantee that either would be approved.

Let me know if you have additional questions, 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 I will not abandon you after you rate me positively if you have additional questions. Thank you.
Expert:  Guillermo Senmartin replied 2 years ago.
Did you reply? If you did and you do not see your reply above, it is because we have been having technical difficulties. Please repost your reply and to make sure it went through, you should be able to read it on the thread, not get a mostly blank screen after hitting the reply button. I believe I may be able to help you. Sorry for the inconvenience. Thank you.
Expert:  Guillermo Senmartin replied 2 years ago.
If you responded and do not see your response above, please repost until you can see it. Sorry for the inconvenience.
Expert:  Guillermo Senmartin replied 2 years ago.
Hello again. Is there anything else that I can answer for you? Please understand that I am not given a salary to be here. I ONLY am compensated from a small portion of your deposit if you rate my service as positively. Please let me know if anything in my answer remains unclear and please do not forget to rate me positively. Thank you!

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