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Khaja M. Din

Khaja Din’s Answers

587 total


  • What steps are available for a married w/child deportee now and/or in the proposed immigration reform legislation?

    My daughters husband was deported in 2011 after being in the US illegally for 9 yrs. They also have a 5 yr old son. He has some driving citations, no felony's or misdemeanors. I have already paid $10,000 to a lawyer who attempted to get the Immigr...

    Khaja’s Answer

    It is impossible to know exactly what the law will look like until it passes and it has not yet passed. There still may be an opportunity to bring him back to the US legally depending on numerous factors. Please take all your documentation ASAP and meet with a qualified immigration attorney for a consultation and ask him if he has ever done a similar case, what the outcome was and if it is possible for you to speak to that client who he has done this for before. Many happy clients will sign waivers for their lawyers giving their lawyers permission to discuss their cases with potential clients. Keep making consultations until you find a lawyer that you are confident in.

    Best,

    Khaja M. Din, Esq.

    Din Law, LLC
    (312) 361-8462
    www.DinLaw.com

    Free Initial Consult For All Your Immigration Questions

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  • Can immigration lawyer represent you in court without jurisdiction in your state?

    My brother was denied a Vawa petition by Ij in Chicago, il. I found out that the lawyer who represented him might not have an authorization to practice law in Illinois. How do I find out if she does, and should it be included in an appeal my bro...

    Khaja’s Answer

    My colleagues are correct, an attorney licensed in any State can practice Immigration Law in Illinois. The Regulation (LAW) covering this is The Code of Federal Regulations (CFR) which was created as a set of practical and procedural rules for those appearing before the federal agencies. The CFR states that those allowed to appear before the Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) as well as before the Department of Justice, the U.S. Customs and Border Patrol (CBP) and U.S. Immigration Customs Enforcement (ICE). include "... attorneys licensed to practice law in one of the states of the United State…”

    Furthermore there is a 1963 US Supreme Court Case that many Immigration Attorneys rely on while practicing immigration law in States where they are not licensed called Sperry v. Florida.

    That being said, the US Government takes residents of Wisconsin who may never have been in Illinois and puts them in removal proceedings at the EOIR (immigration court) in Chicago, IL since there is no immigration court in Wisconsin. If I am a Wisconsin Attorney why can I not represent the resident of my State (Wisconsin) at the immigration court in Chicago, IL?

    The main question is did the attorney make a mistake that is considered malpractice - simply being licensed in another state is not malpractice.

    I hope that helps.

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  • I Filed for the deferred action program, my parents just three months ago became Legal Permanent Residents, and want to file

    the I-130 for me, if I get approved, will I have to leave the US or will I be able to adjust my status the I-485 and be able to stay here in the states; the F2A visa bulletin show its current and I dont know what to do.

    Khaja’s Answer

    It depends on your history as well as the timeline of your entry and immigration filings. This is a complicated analysis that needs to be handled by an experienced immigration attorney who can ask you the right questions before giving you the right strategy for you. There are many attorneys that offer free initial consultations, feel free to call any of them for a face-to-face consultation.

    Best,

    Khaja M. Din, Esq.

    Din Law, LLC
    (312) 361-8462
    www.DinLaw.com

    Free Initial Consult For All Your Immigration Questions

    See question 
  • I have a DUI case in August and I want to know in case of DUI in my record can I apply for citizen , I have my green card 5years

    I have a clean background no criminal record! What is the chance to be approved for citizen

    Khaja’s Answer

    It depends on the DUI as well as the outcome. Consult an immigration attorney before making the decision to file.

    Best,

    Khaja M. Din, Esq.

    Din Law, LLC
    (312) 361-8462
    www.DinLaw.com

    Free Initial Consult For All Your Immigration Questions

    See question 
  • How can we prepare for questions regarding husband's criminal past at marriage interview?

    My husband, naturalized citizen, and I (Lithuanian citizen) have our interview in a month. He is divorced, went to prison for beating up former wife. US citizen. Had a daughter with her, does not have any contact per divorce degree. He also has m...

    Khaja’s Answer

    The answer depends on a complex analysis of his criminal past including the timeline of his criminal history and his sponsorship of you as well as the details of his conviction. Having said that, I worry about you and your safety. Have you considered VAWA? Seek out an experienced attorneys advice in private. Take a look at the link below.

    Best,

    Khaja M. Din, Esq.

    Din Law, LLC
    (312) 361-8462
    www.DinLaw.com

    Free Initial Consult For All Your Immigration Questions

    See question 
  • I485 denied. Cause I willfully dint register in2003. What r my options.

    Sister filed i130 in 2001. Approved. 2010 case opened. Got rfe for NSEERS. Said I was scared of deportation so I dint register. Case denied. Notice says unlawful stay and employment during 13 years. I have no criminal record. US citizen child born...

    Khaja’s Answer

    Typically under 245(1) there is not "waiver", the waiver will come into play if you are doing cancellation of removal before the Immigration Judge which may be a better and faster option for you if you receive an NTA (Notice to Appear). Having said that, the exact wording of your denial based on NSEERS needs to researched to find a case on point and appealed before the 33 days expire.

    Best,

    Khaja M. Din, Esq.

    Din Law, LLC
    (312) 361-8462
    www.DinLaw.com
    Free Initial Consult For All Your Immigration Questions

    See question 
  • Travelled Outside USA for 11 months for the first time after receiving the G.C - No permit filed!

    I came to US through family immigration and got the green card. I had to travel back to my home country for my studies to finish up. I did not apply for any permits and its been 11 months now and I am going back to US permanently. 1) Did I aba...

    Khaja’s Answer

    Anytime you stay out of the on for more than 6 straight months, the Government can allege that you abandoned your LPR Status (Green Card). The burden then shifts to you to prove you did not. The courts have enumerated many factors that go to determining intent. I would ask your family in the US to visit an immigration attorney to prepare a memo with all your qualifying factors to present to the Customs and Border Patrol Agent so that he doesn't take your card and send you to an Immigration Judge or worse, deny you entry to the US.

    Best,

    Khaja M. Din, Esq.
    Din Law, LLC
    (312) 361-8462
    www.DinLaw.com

    Free Initial Consult For All Your Immigration Questions

    See question 
  • Have you ever had an client granted citizenship with past domestic violence misdemeanor charges?

    Came here illegally 9 years ago, about 2 years ago was charged with domestic violence misdemeanor. I don't have enough space to provide all details, but do you believe that there is any chance of being granted citizenship after these charges?

    Khaja’s Answer

    Not if you keep asking this same question on AVVO, over and over again without talking to an immigration attorney who can help. This is manageable but real complicated work. Find an immigration attorney with a track record of success in such complicated cases.

    Best,

    Khaja M. Din, Esq.
    Din Law, LLC
    (312) 361-8462
    www.DinLaw.com

    Free Initial Consult For All Your Immigration Questions

    See question 
  • Is it normal to be called for the 10 year green card interview when we didn't have an interview for the conditional one ?

    I am married to a USC and we had the first interview in my country , then I came here and filed to adjust my status and everything went fine and they didn't call us for the interview and I got my conditional green card,now its time to apply for th...

    Khaja’s Answer

    It does happen. I would recommend taking copies of everything you have submitted to an attorney to review before taking on the interview.

    Best,

    Khaja M. Din, Esq.
    Din Law, LLC
    (312) 361-8462
    www.DinLaw.com

    Free Initial Consult For All Your Immigration Questions

    See question 
  • Have you personally ever seen an illegal immigrant with a misdemeanor in domestic violence be granted citizenship?

    I just would like to know if you personally have ever seen a person with a misdemeanor in domestic violence be granted citizenship. I am not including details, but I just want to know if it is possible. Thank you.

    Khaja’s Answer

    Depending on the circumstances, yes it is possible. And yes, not only have I seen it, I have done it before.

    Khaja Din
    312 361-8462

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