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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 109973
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 have an misdemeanor charge for 'Harassing communications

Customer Question

I have an misdemeanor charge for 'Harassing communications ' to my ex girlfriend .
I have not been arrested or charged with anything and intend to have the this removed from my record .
I applied for a L1 visa which was approved by the USCIS but when I went for the interview in London was refused with a 221g for further administrative processing , I asked what the problem was to be told I had my fingers prints taken which I replied yes for a misdemeanor .
Will this misdemeanor lead to a denial of my L1 ? I AM DUE BACK TO Houston very soon but have not had any news from the consulate regarding my visa ???? should I be worried ? will this be a denial ??
Submitted: 2 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 2 years ago.

Hello sir. Are you looking for a second opinion? It is ok if you are. Just let me know so I can Opt Out of this question which will allow another expert to answer you. Thank you.

Customer: replied 2 years ago.
Is this a crime of moral turpitude?
The officer at the embassy said it was ok but they had
To do more back ground checks , what would your best guess be ? Refusal
Or visa granted ?
Expert:  Guillermo Senmartin replied 2 years ago.

It concerns me that you have not left a positive rating for me on the other forum. Is there any particular reason why? Remember, I am not given a salary to be here, so until you leave a positive rating, I am not compensated which means I have basically spent my time with you for free. Yes, you have deposited with the website, but the website gives me nothing until you leave a positive rating and I have done all the work. Here is a link:

http://www.justanswer.com/immigration-law/8tyvi-misdemeanor-charge-harassing-communications.html

I don't mind going forward, but we need to be fair.

Customer: replied 2 years ago.

Sorry I forgot to leave a positive rafting its done now .

So my question is ....is this a crime of moral turpitude ???

For a silly misdemeanor .....I am very concerned now in case I am not permitted back into the USA

Customer: replied 2 years ago.

Yes but its not very clear ...

Harassment, § 42.07
Detailed elements Not an aggfel. Divisible statute: section (2) most likely to be CIMT, while other sections are arguably not CIMT’s

Your thoughts ? it was called harassing communications

Expert:  Guillermo Senmartin replied 2 years ago.
It says section 2 is most likely a CIMT. Here is section 2:
(2) threatens, by telephone, in writing, or by electronic communication, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of his family or household, or his property;
If your actions were not described in section 2, then you should be ok.
Even if it turns out to be a CIMT, as long as it is a misdemeanor and your actual sentence is less than 6 months in jail (no time in jail is less than 6 months), then you are ok because you fit into the petty offense exception, so it would not make you inadmissible to the U.S.
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.
Guillermo Senmartin and other US Law Specialists are ready to help you
Customer: replied 2 years ago.

No threats or physical injury just emails .....

Cheers

Expert:  Guillermo Senmartin replied 2 years ago.
Then you should be good to go! Thank you for the positive rating. If you would like to request me in the future, please remember to put my name in the subject line and message box. Good luck to you!