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... View More

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... View More

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... View More

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... View More

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

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... View More

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... View More

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... View More

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

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... View More

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... View More

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.

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.

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... View More

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... View More

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. Shihab

www.ShihabImmigrationFirm.com

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... View More

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.... View More

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... View More

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... View More