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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Abogado
Categoría: USA Ley en Español
Clientes satisfechos: 109642
Experiencia:  10+ años de experiencia en derecho de inmigracion EE.UU y 8+ años de experiencia en derecho general.
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I have 2 theft charges, first one was dismissed, second

Pregunta del cliente:

i have 2 theft charges, first one was dismissed, for the second one I havent had court yet, also a dwi case for which I dont even have court date yet, my question is Im a resident since 2011 and if I left the country a month ago and i will be back in 3 days, will I have concecuences at entry?
Enviada: hace 2 año.
Categoría: USA Ley en Español
Experto:  Guillermo J. Senmartin, Esq. escribió hace 2 año.
Hello! My name is***** and I am a licensed attorney with more than 13 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. It was a full dismissal for the first one? What does the court disposition say? For the second one, did you verify with the bail bondsman and/or prosecutor that you could leave the U.S.?
Cliente: escribió hace 2 año.

thanks for your response, for the first one; yes, It was a full dismissal, but for the second one I paid my bond directly to the county (if that what you mean), I don't know anything about that one yet

Experto:  Guillermo J. Senmartin, Esq. escribió hace 2 año.
But did you at least check with the prosecutor to make sure you were allowed to leave the jurisdiction?
Cliente: escribió hace 2 año.

yes, I am able to leave the states, my question is about migration (border of protection) cause I am a green card holder for at least 5 years, AND i know you can commit two moral turpitude crimes with a conviction within the first 5 years, but so far I have a dismissal that appears in my record and no court for the second one and dwi.

Experto:  Guillermo J. Senmartin, Esq. escribió hace 2 año.
Before you got your green card, in what status were you admitted to the U.S. and when?
Cliente: escribió hace 2 año.

I got there as soon as I got my authorization throughout the US embassy, they notified me in may 2011. My mom ask for me in 2005,and I was approved with my residence; before that I had Never travel to the US

Experto:  Guillermo J. Senmartin, Esq. escribió hace 2 año.
Well, luckily, it is two CONVICTIONS for a Crime Involving Moral Turpitude (CIMT) that could trigger inadmissibility or deportability. Since you haven't been convicted at all, you are not deportable nor inadmissible. So luckily, the first CIMT isn't going to count because it is a dismissal. What will happen at the Port of Entry when you come back is that they will detain you and review your background. You could have avoided this (and you can avoid this in the future) if you carry with you CERTIFIED copies of BOTH the police report and court disposition. They want this to see if you admitted to any crimes in the police report and to verify how each case closed. So as I said, with the first one you should be fine. Obviously, the second one has not closed so you would not have a court disposition for that. So what will probably happen is that they will either temporarily confiscate your green card and have you report to them when your second case is closed in order to get it back and that way they can check if the case becomes a conviction that they can do something with, or they may give you back your green card at the port of entry but request you to report in when your case is closed anyway. If you can avoid a conviction, then that is the best situation. If you cannot avoid a conviction, then make sure that your charges are for something that the maximum is less than 1 year in jail and that your actual sentence is less than 6 months in jail. This is called the petty offense exception. So try to negotiate something with the prosecutor. If you want help (and I recommend it), I would hire an attorney. You can look for one at http://www.ailalawyer.com. 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! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** 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. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Experto:  Guillermo J. Senmartin, Esq. escribió hace 2 año.
Is there something else that I may answer for you? Please respond. Thank you.
Guillermo J. Senmartin, Esq. y otros otros especialistas en USA Ley en Español están preparados para ayudarle
Cliente: escribió hace 2 año.

i CAN provide you with my case numbers