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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 122617
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’ve been asked a us attorney if it’s possible to go to

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Hi I’ve been asked a us attorney if it’s possible to go to America and they said I need to pay £200 for a consultation to speak with a us immigration lawyer in New York

Hello! My name is Guillermo Senmartin and I am a licensed attorney with more than 17 years of experience. I am here to assist you with your questions. If I disappear for a few minutes, I have not gone away and I promise I will be back as soon as I can. You see I don't work in a call center, I work in my own legal practice. I'm a real, live lawyer and I assist multiple customers at the same time and something can come up that I need to attend to urgently. I am not ignoring you. 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. I understand you might get a prompt asking if you want to work with another expert, but just ignore it. 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. Thank you for your understanding.

 


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.

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

 

What U.S. immigration law questions do you have for me?

Customer: replied 6 days ago.
Can I move to us with a criminal record and1 minor conviction of 2 months custodial sentence

Well, first, how do you plan to move to the U.S.? What visa? Second, what were you convicted of and what sentence, even if suspended?

Customer: replied 6 days ago.
USA ���� visa obviously and I was convicted of carrying a bladed article as someone threatening me to put 10 bullets in my face so I was in custody from February til April 2019 the judge saw it as unjustice so they set me free
Customer: replied 6 days ago.
I got a 12 months suspended sentence after

Yes, obviously a U.S. visa, but WHICH U.S. visa? There are many. I'd like to know which one you are applying for or have applied for. And who was this crime against? Was it a domestic violence issue?

Customer: replied 6 days ago.
Us immigration visa and no it wasn’t a domestic violence issue

Yes, I know it will be a U.S. immigration visa, but WHICH U.S. immigration visa? It's not easy to come to the U.S. Will it be an H-1B professional visa? An F-1 student visa? An O-1 extraordinary ability visa? There are many types of U.S. immigration visas. Which is the one that you will apply for?

Customer: replied 6 days ago.
Professional visa

This is not going to go fast if you cannot be specific. What qualifies you for a professional visa? You mean the H-1B? Do you have a job offer already? Doing what?

Customer: replied 6 days ago.
I want a job to become a plastic surgeon in America

Are you saying that you do not have a bachelor's degree or higher?

Customer: replied 6 days ago.
Am studying my A levels
Customer: replied 6 days ago.
But anyways getting back too point is it possible to go to USA yes or no once I’m qualified

An conviction for assault with a one year sentence, even if suspended, is what is considered to be an aggravated felony under the U.S. immigration law. This makes you inadmissible to the U.S. Take a look at this link:

 

https://www.nolo.com/legal-encyclopedia/what-s-aggravated-felony-according-us-immigration-law.html

 

So whatever visa you apply for, you would need a 212(d)(3) waiver which has no form, it is just requested verbally at the visa interview and it can either be granted by the immigration officer at the interview or after just on their computer (take a look at this link):

 

https://fam.state.gov/searchapps/viewer?format=html&query=212(d)(3)&links=212,D,3&url=/FAM/09FAM/09FAM030503.html#M305_3_3_A


And this one:


https://fam.state.gov/fam/09FAM/09FAM030504.html


You can find more information here:

 

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

Customer: replied 6 days ago.
So could I still live USA with a waiver??
Customer: replied 6 days ago.
Yes but I’ve only carried a knife and nobody got hurt so the judge or USA embassy should take that into consideration and after 6 months it will be spent 2 and 3 I have mental health issues what makes it me incapacitated if knowing what I was I doing at that exact time cause my law couldn’t hold me accountable so

The conviction is still a conviction. The U.S. does not recognize a foreign pardon or a spent conviction. It is still a conviction. But you can still get a visa and you would need the waiver apart from the visa to enter the U.S.

 

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 appreciate it. 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. IF you still do not see the stars, at least leave me a message that says that you are satisfied with my service to you, something like, "THANK YOU!" should suffice. Thank you for your understanding.

 

Customer: replied 6 days ago.
Yes well I’m terms of USA law after so long conviction of less than 6 months like in my case get expunged so I’m gonna be doing my masters degree and bachelors degree and then become a certified plastic surgeon and a dermal filler and Botox and lip injector as Americans always need new doctors with expertise and I have family Florida Chicago and New York and L.A
Customer: replied 6 days ago.
I am also going to start training with Harley medical school for to do all the injections I have stated

Having it expunged does not erase it from the records that the government can see. So expunging doesn't work. You will still need a waiver. Let me know if you need anything else, but please do not forget that positive rating, or at least leave me a "Thank you" note. Thank you for your understanding!

Customer: replied 6 days ago.
So what I want too know is if I get a waiver and a visa can I immigrate to USA as once I’ve studied and done degrees I’m off there and I’m taking my family too
Customer: replied 6 days ago.
And also with human rights the law whether it’s uk or USA they cannot discriminate no religion race or convictions otherwise they could be breaking the law
Customer: replied 6 days ago.
Thank you �� by the way

If you get the waiver, you can get the professional visa to come to the U.S. and work. As to immigrating, meaning staying permanently, that may not be possible because as I said, an aggravated felony is a permanent bar to admissibility. But apart from that, they are not supposed to discriminate on religion or race, but they can use a conviction against you. Sorry.

 

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. IF you still do not see the stars come out, at least leave me a message that says that you are satisfied with my service to you, something simple like, "THANK YOU!" should work. Thank you for your understanding!

 

Guillermo Senmartin and 3 other US Law Specialists are ready to help you
Customer: replied 6 days ago.
What you on about I’ve never been done for aggravated assault so why you keep going on about the same thing???
Customer: replied 6 days ago.
I’ve been done for carrying a bladed article
Customer: replied 6 days ago.
Hello

As far as U.S. immigration is concerned, you have been convicted of a crime of violence where you were sentenced to a year in prison even though it was suspended. That is an aggravated felony under the U.S. immigration law. Please re-read the article that I sent you. 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!

Customer: replied 6 days ago.
That’s not violence that’s minor

If you were sentenced to a year, it isn't minor.

Customer: replied 6 days ago.
I got two months no custodial sentence it’s minor in uk

You said you were sentenced to a year and they just suspended it. That still counts for U.S. immigration.

Customer: replied 6 days ago.
I got 2 months custodial sentence not 1 year sentence do you even have expertise in this I’m on probation

I have 17+ years of experience doing U.S. immigration law. How many years of expertise do you have in U.S. immigration law?

Customer: replied 6 days ago.
No look what I said I got sentenced to 2 months that’s all and yes it is minor and now that your telling me I’ve assaulted someone who have I assaulted a girl threatened me with a fire arm and you forget to mention I have severe mental health issues that makes me incapacity that’s why I walked free so yes get your facts right it is minor

You said, and I quote, "I got a 12 months suspended sentence after". That counts as a 1 year sentence for U.S. Immigration.

Customer: replied 6 days ago.
Nope I did 2 months in jail and am on probation for 12 months

Ok. Then you might not need a waiver and you might be able to immigrate in the future.

Customer: replied 6 days ago.
And immigration law and your expertise don’t make you better than I am hun I was innocent and god blessed how many miracles have happened to you haha

I don't understand what you mean, but good luck to you.

Customer: replied 6 days ago.
I’ve done 2 months in jail and I have to see a probation officer check it out on your phone

Ok.

Customer: replied 6 days ago.
Have you looked

I don't understand what you are asking. I already told you that if you were not sentenced to 1 year or more, then you would be able to immigrate in the future. That crime does not bar you.

Customer: replied 6 days ago.
Ok thanks love

My pleasure.

Customer: replied 6 days ago.
You don’t know what probation is??

Yes, of course I know what probation is. Has nothing to do with your question at this point. What else do you want to know?