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Questions Answered by Gus M. Shihab Esq
1 Answer | Asked in Immigration Law for California on
Q: For the same reason? please let me know , thank you

I am with Albanian nationality . i wanted to get some information from your office if is possible . can a failed asylum seeker who has returned to his own country voluntarily can come back to UK and seek asylum again for the same reason? please let me know , thank you

Gus M. Shihab Esq
Gus M. Shihab Esq answered on Dec 5, 2010

Dear Sir/Madam,

I will answer the question with regards to US Immigration & Nationality Laws. If you return to the US to renew your asylum application that was previously denied, you must have better evidence or changed circumstances that would cause your case to be approved. In other...
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1 Answer | Asked in Bankruptcy for Ohio on
Q: If named in a survivorship deed, does my share of the realestate count as an asset in bankruptcy court?
Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 30, 2010

If you are named in a survivorship deed, all that means is that you get to keep the entire real estate without probate upon the demise of the others who are also named in the deed. Yes, it is an asset that will need to be disclosed in bankruptcy proceedings. The question is how the fractional... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Can a pregnant woman be deported?
Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 30, 2010

Yes, a pregnant woman can certainly be ordered removed. She may be given an opportunity to have the baby prior to removal from the US, but I do not see the pregnancy unfortunately as a reason against ordering a woman deported.

If there are medical reasons that would necessitate that the...
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1 Answer | Asked in Immigration Law for Texas on
Q: After being permanent resident for over 20 years, then prison and removal after a car accident I want to go back. How?

I was a permanent resident for over 20 years, then had a car accident where a military man was hit on his leg. It was considered a crime, I was sentenced to prison, then removed to the country of origin. My children are US citizens. In the more than 20 years I was a law-abiding resident. It was... Read more »

Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 30, 2010

I am sorry to hear about your trouble and the story as you tell it is compelling. I am wondering if you were represented by counsel throughout your ordeal. There are so many questions: 1) were you apprised of the immigration consequences during your criminal trial? 2) did you not have any... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: A mental patient pulled a knife out in my office. Any crime commited?
Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 29, 2010

One of the most important elements of criminal law is intent. If a person who is mentally incompetent pulled a knife and did not know what he was doing, then the element of intent is missing.

Gus M. Shihab

1 Answer | Asked in Immigration Law for California on
Q: My mother is filing I-130 for me. My F1 visa just expired this year. I'm still in the US. can i file I-485?
Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 29, 2010

In order to be eligible to adjust your status (i.e. file I-485 successfully), you will have to be "in status." The exception to this rule is the case of immediate relatives. If your mother is a US Citizen and you are under the age of 21, then she is an immediate relative to you and you can adjust... Read more »

1 Answer | Asked in Immigration Law for Nevada on
Q: Japanese Law requires a divorce be performed by the Japanese Consulate and registered on their Koseki. USCIS denied why
Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 29, 2010

Please be aware that US Immigration Laws will not recognize a divorce which was entered in absentia. The question does not have sufficient facts but it appears that the USCIS denied the family petition because the prior divorce was performed by the Japanese Consulate. The only thing I can think... Read more »

3 Answers | Asked in Immigration Law for New Jersey on
Q: What is the penalty for an illegal immigrant who commits a theft of over $1,000
Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 28, 2010

Dear Sir/Madam

If you are asking about the criminal consequences of committing such a crime, then you will need to consult with a criminal lawyer. I believe you are inquiring about the immigration consequences of such a crime. Depending on the jurisdiction where the crime was committed a...
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1 Answer | Asked in Immigration Law for Colorado on
Q: Can I get a residence card if I got a driver licence with the identity of an American Citizen
Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 27, 2010

If you are asking that whether fraudulently using some else's identity would somehow get you permanent residence, then the answer is NO. I would highly advise you against committing fraud on the US government as the penalties could be severe.

Gus M; Shihab

1 Answer | Asked in Immigration Law for Nebraska on
Q: IFF MY HUSBAND WAS DETAIN AND IMIGRATION HAS A HOLD ON HIM WHAT ARE MY OPTIONS??
Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 27, 2010

Dear Madam,

If ICE has a hold on your husband you could request a bond hearing for his release if ICE would not release him. The attorney representing your husband would have to show that he is eligible for some sort of relief from removal. If your husband has US Citizen Children and his...
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1 Answer | Asked in Immigration Law for Texas on
Q: Can an immigrant bipass the 10 year bar if he joins the Army and the Army is willing to accept those terms?

He was brought in the US at the age of 5, never committed a crime, married a US citizen in march of 2009, has 2 US citizen daughtes, files taxes under an ITIN number.

Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 27, 2010

Dear Madam,

If the Army is wishing to accept these terms, then the Army could possibly assist him in applying for a waiver of the 10 year bar. While the Army's interest in him is a good thing, it is not an absolute guarantee that they will be able to help him. But I must advise you that...
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1 Answer | Asked in Immigration Law for Florida on
Q: What does no petition mean
Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 27, 2010

Dear Sir/Madam:

There is not sufficient facts for me to respond to your question intelligibly. No petition means that there was not a petition filed perhaps. Please clarify and I will be more than happy to answer your question.

2 Answers | Asked in Immigration Law for Arizona on
Q: Is my US Passport proof of citizenship?
Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 27, 2010

Dear Sir/Madam,

A US passport is proof of citizenship outside the US. Inside the US, the government would normally require you to present a birth certificate or if not a naturally born citizen, a naturalization certificate.

I hope I answered your question.

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1 Answer | Asked in Immigration Law for Virginia on
Q: Newborn child while I-130 is pending, do I need to file a new I-130 petition for the newborn?

I'm USC. My wife's I-130 is pending in NVC now. We just had a newborn baby in India. I have not been "physically present" in US for 5years - because although I have resided in US for 5 years, I have taken 2months trip each year to India. Now, how do I proceed for my newborn baby's case? Can I... Read more »

Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 27, 2010

Dear Sir,

It is not clear from the facts whether your son would be able to apply for US Birth Certificate by virtue of his birth to you, a US Citizen. You state that you have not lived in the US for five years but again you state that you did. So, the rule is that you could inure US...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Can a permanet legal alien who starts a business in the U.S. go after federal contracting opportunities?
Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 27, 2010

Dear Sir/Madam,

As a legal permanent resident, you are entitled to bid on federal contracting opportunities. There is nothing that would prevent you from applying. Certain opportunities might require security clearance which is possibly only available for citizens.

You might want...
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1 Answer | Asked in Immigration Law for Georgia on
Q: I got my green card on August 2005 i got 2 misdemeanor charge for counterfeit trademarks can i travel Int. Nreturn usa
Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 27, 2010

Dear Sir/Madam,

I would be very careful because counterfeiting is considered a crime involving moral turpitude. I would not advise you to travel because you could be considered an "arriving alien" one who could be subject to removal upon return.

Gus M....
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1 Answer | Asked in Immigration Law for Texas on
Q: My step dad applied for my mother in 1991 am I protected under 245 i
Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 27, 2010

Dear Sir/Madam,

I would say that you are not covered under 245(i) unless your stepfather applied for you as well in 1991. You could not be claimed as a derivative beneficiary of your mother's petition because your stepfather could have applied for you back then.

My answer is not...
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1 Answer | Asked in Immigration Law for Ohio on
Q: Can he apply for EAD renewal while he is out of USA?

I-485/AOS is pending based on Employment categeory. Working on EAD. Currently out of USA.

Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 27, 2010

You should check to see whether an overseas USCIS office will accept the application. It could not be filed in the US because CIS in the US has no jurisdiction over the person currently outside the US. Another difficulty is if the person is called for fingerprinting.

Gus M....
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1 Answer | Asked in Immigration Law for Florida on
Q: I want to get my uncle out of Cuba to live with my family in Florida. Is there a special immigration law to help him?
Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 15, 2010

Dear Madam/Sir,

There is not an immigration category for Uncles of Citizens. You should inquire whether there is a way to get your uncle permanent residence through a job offer or as an investor. You might be better off to have a consultation with an experienced immigration lawyer to fully...
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1 Answer | Asked in Immigration Law for Alabama on
Q: As a spouse of a USA citizen how long should i have to wait for my visa
Gus M. Shihab Esq
Gus M. Shihab Esq answered on Nov 15, 2010

Dear Sir/Madam,

As a spouse to a US Citizen, you are considered an "immediate relative" and as such there are no waiting times. You should be aware that being an immediate relative alone is not sufficient enough. You must also be eligible to receive permanent residence and that you do not...
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