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Questions Answered by Gus M. Shihab Esq

1 Answer | Asked in Civil Litigation for Ohio on

Q: Can you appeal a change in trial date

Gus M. Shihab Esq answered on Dec 13, 2010

Dear Sir/Madam

Judges have a great discretion in the management of their dockets. On that basis, it is difficult to appeal a decision of the Judge to move a trial date. However, if moving the trial date forward or backward resulted in a great detriment to one of the parties and the Judge...
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1 Answer | Asked in Criminal Law for Ohio on

Q: Is battery a m 1

Gus M. Shihab Esq answered on Dec 13, 2010

Depending on the seriousness of the injuries battery could be either a misdemeanor or a felony in Ohio.

1 Answer | Asked in DUI / DWI for Ohio on

Q: What is the fine for ohio code 4301.62B4

Gus M. Shihab Esq answered on Dec 13, 2010

Dear Sir/Madam

This provision relates to Ohio's Open Container Law. The maximum fine is $100.

Gus M. Shihab

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: I am currently renting a home and am having plumbing issues , my landlord is informing me its my problem. Is ths my prb

Gus M. Shihab Esq answered on Dec 13, 2010

Dear Sir/Madam

You should check your lease to find out whether it has a provision relative to maintaining the premises. If the lease says that the landlord shall maintain the place, then he is responsible. If not, you maybe stuck with it. But if the issues relating to the premises are as...
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1 Answer | Asked in Immigration Law for California on

Q: N-400 and Alien Registration Card have my current name bur N-445 has my old name.

Which name will appear on N-550

Gus M. Shihab Esq answered on Dec 13, 2010

Dear Sir/Madam

First congratulations on receiving the notice for your oath of ceremony. This is a very exciting time in your immigration process as it symbolizes the conclusion of your immigration journey and the beginning of your life as a full citizen.

It appears that you requested...
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1 Answer | Asked in Immigration Law for Virginia on

Q: I am on F1 visa, no OPT, Visa screen clearence. Can I join Profit company (sponsoring H1b) at any time of year?

Gus M. Shihab Esq answered on Dec 13, 2010

Dear Sir/Madam,

I actually wrote an article about this on my website. You can find it here: http://www.shihabimmigrationfirm.com/lawyer-attorney-1555722.html

You can work for a "for profit" employer and still be exempt from the numerical cap. I suggest you take a close look at my...
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1 Answer | Asked in Immigration Law for Florida on

Q: When child born in USA to illegal alien, what are their rights

I know a family of five children, three (15, 17,and 18 years old) were born in Mexico but migrated with parents at early age. The two youngest (7 and 10 years old) were born here in the United States. Father was killed in accident in 2006, children are all in school, no legal trouble and speak... Read more »

Gus M. Shihab Esq answered on Dec 8, 2010

Dear Sir/Madam,

You describe a situation which is very typical of undocumented immigrants. The children are obviously US Citizens and can stay but the problem is that the mother may not be. We do not know the mother's full legal situation and whether she is able to somehow qualify for...
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2 Answers | Asked in Immigration Law for Washington on

Q: I got deported fro U.S to UKRAINE because of my criminal offenses , now i want to try canada do u think thats possible??

I have some reliteves in canada do u think its a possibility that they'll let me in ,will they check my us background??

Gus M. Shihab Esq answered on Dec 7, 2010

Dear Sir/Madam,

Canadian Immigration Law is not as harsh on criminal offenses as US Immigration laws. Under Canadian Immigration law, you could still be admissible depending on the nature of the crime, the length of time since the crime was committed and whether you can demonstrate that you...
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1 Answer | Asked in Immigration Law for Virginia on

Q: How long it takes for uscis to respond for my lawsuit?

Gus M. Shihab Esq answered on Dec 7, 2010

Dear Sir/Madam,

If you filed a complaint for Mandamus against the USCIS or if you filed a petition for review, the government normally has 60 days to answer by regulations. The attorneys could request additional time to respond by agreement of the parties or by leave of Court with the...
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1 Answer | Asked in Immigration Law for California on

Q: After you get your medical test do you get more drug test after that to get your permanant residence?

Gus M. Shihab Esq answered on Dec 7, 2010

Dear Sir/Madam,

There are no additional medical examinations after the physician conducts the medical examination and completed form I-693. If the physician complied with all of the requirements included in the regulations and if you pass the test, then that would be the last time you will...
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1 Answer | Asked in Immigration Law for California on

Q: F2B visa holder with a daughter question?

I arrived here in the US through an F2B visa 2 weeks ago. I have a daughter who was born a month after I got interviewed at the embassy.

My problem is will this be a reason for me being deported? Will complications arise when I decide to marry my daughters mom in the future?

Gus M. Shihab Esq answered on Dec 7, 2010

Dear Sir,

The main question here is whether you answered the questions truthfully at the time of the interview. It appears to me that you have since your daughter was born AFTER your interview. When you are ready to marry your daughter's mother, you should consult with an experienced...
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2 Answers | Asked in Immigration Law for California on

Q: Is a naturalization applicant exempt from the U.S. civic and history if he passed this test at his amnesty interview?

Applicant qualified under the 245(a) amnesty program (continuous residency since prior to 01/01/1982) and took the U.S. civics and history test at the time of the interview (adjusting from temporary to permanent residency)in order to satisfy this requirement for future naturalization benefit.... Read more »

Gus M. Shihab Esq answered on Dec 7, 2010

Dear Sir/Madam,

Believe it or not; this is a very complex question though it may look to be an easy one. But I did the research for you! The provisions regarding the test are included in 8 CFR PART 245a—ADJUSTMENT OF STATUS TO THAT OF PERSONS ADMITTED FOR LAWFUL TEMPORARY OR PERMANENT...
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3 Answers | Asked in Immigration Law for New Jersey on

Q: When a greencard holder arrive to u.s air port the immigration officer will ask what type of questions?allways or every

Gus M. Shihab Esq answered on Dec 7, 2010

Dear Sir/Madam,

When a green card holder arrives at any port of entry, whether by see, land or airport, the Customs & Boarder Protection Officer will inquire relative to the length of absence. The CBP office may ask any other question he deems are necessary to ensure that the legal...
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1 Answer | Asked in Immigration Law for Colorado on

Q: Can i be a mexican and a united states ciziten

Gus M. Shihab Esq answered on Dec 7, 2010

Dear Sir/Madam,

The US immigration laws allow you to hold citizenship to another country while the US citizen. In other words, US citizens do not have legal obstacles to hold citizenship to another nation so long as they maintain their allegiance to the United States. You must check with...
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1 Answer | Asked in Immigration Law for Texas on

Q: How can i qualify for family unity?

Gus M. Shihab Esq answered on Dec 5, 2010

Dear Sir/Madam,

Family Unity is a procedure provided by regulations and later clarified by case law and subsequent USCIS policy memorandum (http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/fi...). The procedure allows a spouse or child of a "legalized alien" who was...
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1 Answer | Asked in Immigration Law for California on

Q: I got a $5,000.dlls fine for for failed to report a person on my vehicule who did run back to Mexico I never got cought

Gus M. Shihab Esq answered on Dec 5, 2010

Dear Sir,

There is not enough facts in your post. I assume the question is what are the immigration consequences of receiving a fine for failing to report a person in your vehicle when you were crossing over to the US. I would be interested to know what you were charged with. If you are a...
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1 Answer | Asked in Immigration Law for California on

Q: I entered the country illigally then i got married with a US citizen(2yrs). Now we have a baby, how can i fix my statu?

Ive been married for 2 years and our baby is 1 yr old. I came to this country on 2003 and have never request a patition before, some lawyers tell me i have to leave the country and re-enter but i wonder if there is a way i can stay and do the process from here. My record is clean i have never been... Read more »

Gus M. Shihab Esq answered on Dec 5, 2010

Dear Sir/Madam,

The advice you received is correct. Unfortunately, because of a law passed in 1996, there is no way for you to adjust your status to permanent residence unless you had been inspected by a US Immigration Officer when you entered the US. If you entered without inspection, you...
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1 Answer | Asked in Immigration Law for Texas on

Q: If an illegal woman was deported, pregnant with a child whose father is an american citizen, is the child protected?

Gus M. Shihab Esq answered on Dec 5, 2010

Dear Madam,

If you have a Child whose father is a US Citizen you will need to inquire as to whether your child will derive citizenship by virtue of his US Citizenship parentage. In most cases, the child will be a citizen at birth unless the father had not resided in the US for 5 years. If...
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1 Answer | Asked in Immigration Law for Vermont on

Q: Englishman by origin.Have U.S.child aged 15.Lived in U.S more than11yrs.Worked & filed taxes.Disabled.(Need green card)

I cannot be deported but I do not have a green card. Had won the visa lotto from the department of state twelve years ago.Have family members who are U.S citizens.Have a disability,have worked,filed taxes in my name and tax I.D number.When shall I get a Green card? I am from europe england since... Read more »

Gus M. Shihab Esq answered on Dec 5, 2010

Dear Sir,

Thank you for posting your question on this forum.

The law requires your child to be 21 years of age in order to apply for you. The question is unclear as to how you originally entered the US. You should consult with an experienced immigration attorney on your current...
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1 Answer | Asked in Immigration Law for New York on

Q: Can he apply for EAD renewal while he is out of USA?

I-485 or AOS is pending under employment category.working on EAD. currently out of USA. verified I-765 instructions, no where mentioned that person should be in USA to apply for EAD renewal while he is out of USA.

Can he apply for EAD renewal while he is out of USA?

As he working on... Read more »

Gus M. Shihab Esq answered on Dec 5, 2010

Dear Sir/Madam,

A foreign national who currently reside outside the US is not subject to the jurisdiction (authority) of the USCIS. An EAD is a document which would allow the foreign national to accept employment legally in the US. If the foreign national is outside the US, he would not...
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