Shauky Michael Musa-Obregon’s Answers

Shauky Michael Musa-Obregon

New York Criminal Defense Attorney.

Contributor Level 4
  1. Dear sir. my sylam case is pending can i apply for advance parol for traval abrod.

    Answered over 2 years ago.

    1. Carlos Gonzalez
    2. Benjamin J Lieberman
    3. Joseph A Lo Piccolo
    4. Shauky Michael Musa-Obregon
    5. Mark M Cheser
    5 lawyer answers

    It is generally not a good idea to travel to your home country since the argument for your asylum case rests on the premise that you are too afraid to go back to your country since you will face persecution. The other reason it is not good, is because when you want to adjust for permanent residency after you win asylum status, you will give up your rights to adjust under the "Three and Ten Year Bar Rule" if stayed illegally in the U.S. more than either 1 year or 18 months respectively. This is...

    1 lawyer agreed with this answer

  2. Shoplifting question for citizenship application . plz help

    Answered almost 3 years ago.

    1. Oscar Michelen
    2. Richard C. Southard
    3. Shauky Michael Musa-Obregon
    3 lawyer answers

    Although I'm licensed in NY, I am an a federal immigration lawyer as well so I can advise you as we do many clients from an immigration perspective. While NY does not have that kind of plea, a "nolle prosequi, meaning "no prosecution" or "prosecution nullified", that disposition clearly means that you did not plead guilty. Not having been prosecuted and not having plead guilty however, does not neccessarily mean that you were not placed on probation as there are many states that do not...

    1 lawyer agreed with this answer

  3. What does it mean by immigration, detainer provided?

    Answered about 5 years ago.

    1. Shauky Michael Musa-Obregon
    2. Scott D. Pollock
    3. Kevin Lawrence Dixler
    3 lawyer answers

    A LAYPERSON’S GUIDE TO IMMIGRATION DETAINERS (OR HOW TO REMOVE THE IMMIGRATION HOLD THAT KEEPS SOMEONE IN JAIL) If someone is not a U.S. citizen and they get arrested, chances are that Immigration (Immigration & Customs Enforcement, “ICE”) will place an Immigration Detainer (or immigration hold) on them if they spend any time in jail, even one day. An Immigration Detainer orders the local jail under federal law to hold an inmate for an additional forty eight hours after a person has been...

    5 people marked this answer as helpful

  4. I was arrested over the summer for Patronizing a Prostitute here in Queens County, NYC.

    Answered almost 3 years ago.

    1. Joseph A Lo Piccolo
    2. Howard A. Schwartz
    3. Richard C. Southard
    4. Shauky Michael Musa-Obregon
    4 lawyer answers

    I would emphasize that you cannot be fired without a full hearing before the Board of Education before an administrative law judge, a prosecutor, and your lawyer(s) where you have a right to be represented by counsel of your choice. Under the law, the charges have been dismissed. Your lawyer can argue, as I have on many occasions that you have been completely EXONERATED, without any finding of guilt. And since I am sure you have both enjoyed and exercised your privilege against self-...

  5. I am being charged with one count of criminal possession of a forged instrument 2nd degree, what will be my punishment?

    Answered almost 3 years ago.

    1. Eric Edward Rothstein
    2. Dietrich Peter Epperson
    3. Jason Michael Barbara
    4. Shauky Michael Musa-Obregon
    4 lawyer answers

    With good lawyering you should emerge from this with no criminal record which is obviously what you want, like an "Adjournment in Contemplation of Dismissal" (which results in a complete dismissal in 6 months) or a disorderly conduct, which on these cases have generally been the sought after dispositions by lawyers. You have been ensnared in the latest of the NYPD's / DA's Office's clean-up-city-the-agencies-busts after years of the city turning the other way when certain city, police and other...

  6. Would i qualify for grandfathering under 245i

    Answered almost 3 years ago.

    1. Ryan Anton Jacobsen
    2. Ekaette Patty-Anne Eddings
    3. Shauky Michael Musa-Obregon
    3 lawyer answers

    Unfortunately you are unequivocally NOT grandfathered under 245(i) grandfather provisions for adjustment of status since you came in 2010. You would have had to be physically present in the U.S. on December 2000 and have been under 21 years old at the time that you uncle filed an I-130 for you mother back in March 2001. For other alternatives you may reach me at my website. Best of luck!

  7. Will moving to a new address within the USA impact a permanent residency petition?

    Answered almost 3 years ago.

    1. Philip Alan Eichorn
    2. Patricia Anne Bollman
    3. J Charles Ferrari
    4. Shauky Michael Musa-Obregon
    4 lawyer answers

    No impact at all on the merits of the case as long as you are all still living together- except possibly with regard to processing times. Depending on your state and the distance you move, its possible that you may be requested to transfer your case to a new office closer to your new address. Please don't forget to change your address as you are required to do within 10 days of moving.

  8. Filing VAWA with immigration

    Answered almost 3 years ago.

    1. Philip Alan Eichorn
    2. Shauky Michael Musa-Obregon
    3. Cynthia Beth Rosenberg
    3 lawyer answers

    Yes, the very definition of an affidavit is that the statement is sworn to under the penalties of perjury. Any affidavit must be notarized, otherwise its just an unverified statement given much less weight than a notarized statement. And of course, its done before a notary public or a lawyer who is also a notary. Any further questions, please contact us at our website info below.