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Hashim G. Jeelani

Hashim Jeelani’s Answers

32 total

  • I have a vawa case pending with immigration & just received a prima facie case. Can I get a drivers license in Florida?

    I just received an establishment of prima facie case and i have an appointment for biometrics on 7/12. It says that i have to have a photo identification, but all what i have is an expired passport. Will it work? Or Can i get a drivese license or ...

    Hashim’s Answer

    You may use your expired passport for photo identification purposes for biometrics if you do not have other valid forms of identification.

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  • I am over 21 and single. Should i apply for F-1visa or should i let my dad file the I-130 for me to come to the US sooner?

    My dad is just a lawful permanent resident for a month. Should i let him file the I-130 for me now so that after 5 years when he has become a citizen i can come to the US, or should i apply for a F-1 visa to come to the US sooner? How can my dad ...

    Hashim’s Answer

    Assuming that you are unmarried, the I-130 filed for you would put you in the F2b category. After your father becomes a U.S. citizen, you would be able to upgrade into the F1 category. You would be able to retain your original priority date. That being said, an F1 will allow you to come to the U.S. to study; these are two very different routes. An F1 is a non-immigrant visa category as opposed to the I-130 and consular processing route. The I-130 and consular processing route has an implicit immigrant intent. I would recommend you consult with an experienced immigration attorney to determine the correct path to take in light of your objectives.

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  • PLEASE CAN I GET SOME CLEARITY ON THIS ISSUE

    I have been legally married to a US citizen for over 2 years 10 months and i just got my visa approved and got into the states this month november and i was told i will get a straight 10 years green card cause i have been married for over 2 years ...

    Hashim’s Answer

    My colleagues are correct. See the following link to the USCIS Naturalization Guide:

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  • Significance of Expired Green Card Toward Naturalization

    My green card expires in less than one month. I am about to turn in my application for naturalization. This entry from 12 months ago says an expired green card is of no consequence: http://www.avvo.com/legal-answers/is-there-consequenses-for...

    Hashim’s Answer

    • Selected as best answer

    You should renew your green card if it is expiring or is expired. This is an issue regardless of whether you are a naturalization applicant.

    Section 264 of the Immigration and Nationality Act (INA) states that "every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him . . .. Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor ..."

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  • DUI and citizenship application?

    I had DUI 1993. I have had green card since 1995. Now I am applying for a citizenship. Do I still have to put the DUI in my application?

    Hashim’s Answer

    As my colleague mentioned, answer truthfully, Also, keep in mind that your moral character will come into play when your naturalization application is adjudicated. Your DUI, along with any other previous criminal arrests/charges you may have had, could potentially lead to a denial of your application. You really need to consult with an experienced immigration attorney and provide him/her with a copy of the charging documents, the court transcripts/order, and any other criminal arrest/charging documents you may have for previous offenses.

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  • B2 visa, entry 6/17/11, married to USC 10/8/11, planned to file K3 visa from China, because pregnant after marriage.

    Knew USC for about 1yr (meet on internet) and prior to meeting him I have traveled many times since 2008 to US on B2 visas. We planned to file i-130? and i-485 and i-765 after returning to China. Now I'm pregnant and husband (USC) does not want m...

    Hashim’s Answer

    You can only file an adjustment of status (i-485) while in the U.S. If you leave the U.S. while your adjustment of status application is pending, without getting advance parole, your application will be considered abandoned. As my colleagues mentioned, contact an experienced immigration attorney to represent you and file your adjustment application along with any necessary evidenciary support given your situation.

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  • I am a newly green card holder and a Vietnam passport. How long can I travel back Vietnam and re-enter US with out any problem?

    Is re-entry permit needed if I stay in Vietnam less than 6 months?

    Hashim’s Answer

    You will not need a re-entry permit if you are taking a trip outside the U.S. which will be shorter than six months in duration. However, an absence of over six months from the U.S. may interrupt your continuous residence requirement for naturalization. If there is a possibility that you may have to stay outside the country for a period of over one year, I would suggest contacting an experienced immigration attorney to assist you with your filing. You do not want to risk having your actions perceived as abandonment of your intent to reside in the U.S.

    www.detroit-immigration-lawyer.com

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  • Can my lawyer withdraw a Motion to Reopen they filed with BIA for immigration

    My immigration attorney agreed to a payment plan with me to file a Motion to Reopen. When they filed it I stopped paying and taking their calls. Can they now withdraw the application, if it was already filed?

    Hashim’s Answer

    He may not withdraw the Motion to Reopen if it has been filed; however, he may request to withdraw his/her representation of you in this matter. I would recommend you ensure that you are meeting your financial obligations to those that assist you, especially your attorney who has prepared your case and given you hope for a future in the U.S. Not meeting your financial and ethical obligations does not lend itself to a showing of good moral character.

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  • What can happen if an immigrant marries JUST for citizenship?

    A friend of mine met a young lady online knowing NOTHING about her. She stayed with him 3 years before SHE asked him to marry her. Then, after almost a year, she had him arrested for domestic violence (falsely!) and filed for divorce. They have 3 ...

    Hashim’s Answer

    As far as the VAWA is concerned, the VAWA is an adjudication of her petition and her qualification for immigration benefits; it does not determine your friend's rights, liabilities, or obligations. However, it is immigration fraud to enter into a sham marriage for the purpose of receiving an immigration benefit. Your friend should focus on removing himself from situations or encounters which may allow his wife/ex-wife to accuse him of abuse. I would recommend contacting a local divorce attorney and an experienced immigration attorney to deal with his situation.

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  • I had applied for asylum and my case had been rejected can I go to my countriy and come back in the US

    I had applied for asylum and my case had been rejected can I go to my countriy and come back in the US . what if I whant to go in another country near mine like california and illinois but in Africa? and what about my wife? can she go back in our ...

    Hashim’s Answer

    If you have been in the U.S. beyond the period of your authorized stay, depending on how long, you may be subject to the three or ten year bar. It would be impossible to answer your question without getting your entire immigration history and background. I would recommend contacting an experienced immigration attorney before you proceed.

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