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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 105684
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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HiJust wondering - I have a conviction which was suspended

Customer Question

Hi
Just wondering - I have a conviction which was suspended - perverting the course of justice in 2002 and want to emigrate to the United States with my wife as a named applicant on her application.
What are the chances the embassy will grant me a visa please?
Thank you
Submitted: 2 years ago.
Category: US Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

Are you British?

JACUSTOMER-ae8p6lt6- :

Yes I am

JACUSTOMER-ae8p6lt6- :

No further issues with the law

LondonlawyerJ :

i ma having trouble findign the answer fr you so I will opt out and hopefully another solicitor on the site will be ablento help.

Expert:  Alice H replied 2 years ago.
Hi. This is really a question you need to ask a U.S. Expert. I will arrange for your question to be transferred to the right person.
Customer: replied 2 years ago.

Thank you

Expert:  Guillermo Senmartin replied 2 years ago.
Welcome to JustAnswer! My name is***** I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. 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 at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
What was the maximum possible jail sentence? What was the actual sentence that was entered against you? Were you sentenced to less than 6 months in jail?
Customer: replied 2 years ago.

It was 6 months suspended prison sentence. It was because of good character and the fact I was at university at the time and the judge could see I was scared of the whole incident.

Expert:  Guillermo Senmartin replied 2 years ago.
But I still need to know the maximum possible penalty. And can you describe how you perverted the course of justice? You may need a waiver, but I want to make sure.
Expert:  Guillermo Senmartin replied 2 years ago.
I'd like to help you, but it is important that you respond. You are not charged per question nor per response nor per answer. So it costs you nothing to respond. What was the maximum possible penalty for the offense? Can you describe what you did because I have to classify it under U.S. law? Thank you.
Customer: replied 2 years ago.

I believe the maximum term was 6months - it was Disposing of or fabricating of evidence.

I lied to coverup my cousin brother's car crash (no injuries) and he did not have insurance or a full licence at that time

thank you

Expert:  Guillermo Senmartin replied 2 years ago.
Ok, good. Thank you for responding. What could have been the maximum jail time? What was the actual jail sentence? I know you said it was suspended, but what was the actual sentence that was suspended? Also, what was the financial loss to the victim? The victim meaning the insurance company that might have paid the claim. What could have they lost?
Customer: replied 2 years ago.

maximum jail time was 6 months - actual jail time was 6 months

unsure of the loss of the insurance however i did have to pay around 500pounds costs

Expert:  Guillermo Senmartin replied 2 years ago.
Ok. I ask that you PLEASE not log off without leaving a smiley face/positive rating. This is VERY important and we do not finish just because it says, “To finish…”
That’s not good. I was good when you said maximum time in jail was less than 6 months in jail, but it was bad when you said that your actual time in jail was 6 months. That you got a suspended sentence does not matter.
So you may be inadmissible to the U.S. because your actual sentence was 6 months. You may need a waiver. How are you immigrating?
Customer: replied 2 years ago.
It would be with my wife as her parents are US citizens. But I did not spend anytime in prison. I know that I do not qualify for a waiver so what are my chances of getting a visa
Thank you
Expert:  Guillermo Senmartin replied 2 years ago.
Why would you think that you will not be able to qualify for a waiver? Because you do not have a qualifying relative for the waiver?
Customer: replied 2 years ago.

From what I've heard regarding US immigration that if you have a criminal record then they may not allow give any type of visa.

I would like to emigrate, work, live and be a US citizen hence the reason for the questions and what the probability is that I would be granted a visa (green card) based on this.

My wife's parents have started the process in the United States.

Thank you. Smile

Expert:  Guillermo Senmartin replied 2 years ago.
Ok. What you would do is continue the process through your in-laws. Do not hide anything in regards ***** ***** previous criminal situation. Provide certified copies of the police report and court disposition. IF you are denied, ask about the I-601 waiver. What may be required would be that your spouse immigrate just before you do, then she file for you and then she can file the I-601 waiver for you because she would be your qualifying relative at that time as she would have the Residency before you and can petition for you. The only problem is that it may take a year or two after she immigrates for you to be able to follow. Luckily, she can visit you during that time as long as she spends at least 180 days per 12 month period in the U.S. If that is too much time apart, that’s ok. She can apply for an I-131 Re-Entry Permit which will allow her to be outside of the U.S. for up to 2 years without abandoning her Residency. Here is a link:
http://www.uscis.gov/i-131
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. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, “To finish…” I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.
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. 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!
Expert:  Guillermo Senmartin replied 2 years ago.
Hello. 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!

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