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Mohammad Akif Saleem

Mohammad Saleem’s Answers

14 total

  • How to get my mom legal status?

    My mom came to us illigely when she was 20 to work and pay for my medication because i had anemia. She is now 35 knows little English can't read or write it. I did the dream act thing she had 2 more legal children and now I want to help her in any...

    Mohammad’s Answer

    Unfortunately, there is no law or executive order that would give your mother any legal rights. However, that may change soon with an executive order.

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  • Can you work after your EAD card is approved but without getting an SSN?

    Can you accept a job offer and get paid if your EAD card was approved and arrived in the mail but had to be sent back because of USCIS typographical error? I have yet to receive the correct EAD card so that I could go apply for a Social Security...

    Mohammad’s Answer

    Your employer will not be able to hire you until you get the social security number because they need it as part of their reporting and taxes.

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  • Changes made to a will while person was incapacitated

    My Uncle passed away last month (Call him Uncle Al). In the years prior to his death, it was known that his will left his house to his brother (call him Uncle Bob) and his money was split between Uncle Bob and my grandmother. He was hospitalized...

    Mohammad’s Answer

    The best recourse is to contest the will based on the facts you have provided but you personally cannot be the party seeking the recourse, but rather your grandmother (or you on her behalf if she gives you power of attorney) will have to hire a lawyer to challenge the will. Has the will been submitted to court for probate? I would advise you to act quickly as you don't want Uncle Bob to get the funds and spend them before you can have the court stay the distribution of the funds.

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  • If an retired / ex surrogate Judge in New York has their a email public, is it OK to contact them for advice?

    I am a beneficiary of an estate that is extremely messy and complicated. I have yet to find an attorney to represent me that I can trust and will work on some kind of contingency agreement. I cant think of any other person more qualified to help m...

    Mohammad’s Answer

    You can contact them but it is not unethical for them to not respond. If you are seeking pro-bono help, its best to try to get an not-for-profit legal organization to help you or perhaps you can continue to look for a contingency agreement with a lawyer who will help your estate matter and get paid later based upon a share of the estate distribution.

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  • If a lease expires and a tenant resumes living month to month, what is the procedure to have the tenant vacated in NY?

    The lease says that after expiration of the leasing period, the agreement is automatically renewed from month to month, but may be terminated by either party given a 60-day notice. The lease has already expired several months ago and the tenant h...

    Mohammad’s Answer

    Your right that a NY state law generally requires only a 30-day notice to vacate when there is a month-to-month tenancy, however you previously signed a lease stating that a 60-day notice must be given by either party, therefore creating a condition to the month-to-month that precludes the right to have 30-day notice. You need to hire an experienced landlord tenant attorney to handle your case because when you file the notice of termination, you'll have to wait 2 months prior to getting the tenant into court and during that period you will not be able to collect rent so its important you do collect the money as part of the use and occupancy when you get to court.

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  • As a guarantor for an apt is there anything I can do to hold tenants legally liable for payment to me?

    My daughter is renting an apt with 2 roommates near NYU. I will be the sole guarantor of the lease. We have an agreement with the 2 roommates that they will pay a lump sum of 6 months rent prior to the first semester and again prior to the second ...

    Mohammad’s Answer

    Your problem is more related to a contract issue than a landlord tenant issue but as a landlord tenant attorney, I've dealt with contracts related to your concern. You need to have an 'Indemnification Agreement' signed by the two other roommates which states that they will hold you harmless should you suffer any loss. Best of luck.

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  • A month to month tenant has no rights so we could be put out into the streets tht easily landlords always win

    Not fair for tenants

    Mohammad’s Answer

    Even if you a month to month tenant, you still have some valuable rights that the landlord cannot take away from you. You have the right to have hearing in court where the landlord must serve you with a Notice and Notice of Petition for Holdover even after the 30 days. This is important because this really gives the tenant about 45-60 days to stay in the apartment until he/she has a hearing in Court. Once, in Court a tenant can work out a Stipulation to vacate giving them more time (perhaps 30 more days) to leave the apartment without any rent.

    In my experience representing tenants, sometimes if the tenants are willing to pay rent and sign a new lease, the landlord is willing to let them stay for a year or two!

    It all depends on everyone persons unique set of circumstances.

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  • I have a tenant I'm trying to get to move out of the house that my father left to me when he passed away.

    The tenant has no lease and does not pay utilities. I asked the courts to help me and now she has not paid rent for two months. I'm afraid my property will go into foreclosure before I can get her out. Please tell what I can do.

    Mohammad’s Answer

    You have two legal problems that you need to address. The first problem is a landlord tenant problem and the second is a foreclosure problem.

    First problem, I agree with the other attorney Steven about how your lawyer should have mentioned to the Court that the tenant has not paid any use and occupancy (another word for rent when there is no lease or a holdover action). If you don't have a lawyer, you should immediately hire one and if you currently have a lawyer - ask him why he is not pressing the Judge to give use and occupancy in the mean time.

    Second foreclosure problem, regarding the property going into foreclosure, I would recommend that you contact your Mortgage Servicing Company and ask for a 'Loan Forbearance' and explain to them the hardship you are currently facing in terms of a reduced income as result of a hostile tenant.

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  • How much dose it cost to Hire immigration lawyer?

    How much dose it cost to Hire immigration lawyer?

    Mohammad’s Answer

    You should be able to consult with a lawyer about your case and get an cost assessment or fee amount from them about how much your case/issue may cost. Each lawyer has their own fee determination. Reach out an immigration lawyer or two that provide free initial consultations and you'll get a good idea of how much it will cost you.

    Best of luck.

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  • What is the likelihood that i can be granted an ACD or get the charges dropped to a violation?

    I was recently arrested for smoking marijuana in Manhattan and charged with 220.10.01, criminal Possession of marijuana. 3 years ago i was charged with a similar charge in New Jersey and was granted an ACD in New Jersey. I finished the acd and the...

    Mohammad’s Answer

    NY Penal Law Section 221.10(1) provides that a person is guilty of criminal possession of marijuana in the fifth degree when he knowingly and unlawfully possesses: marijuana in a public place and such marijuana is burning or open to public view.

    My advice to you before you get to the ACD is to have your attorney challenge the charge on whether you meet the elements of of the crime. Meaning, did you possess marijuana in public place and was it open to the public. If you can defeat one of those elements, you won't even need an ACD since the prosecution will have a weak case due to a missing element of the charge.

    Second, an ACD is offered by the prosecutor and is based upon their discretion (within the context of general accepted practices). However, having an effective defense counsel that will negotiate strongly on your behalf may result in getting the prosecution to come to terms of an ACD.

    My previous work experience in the prosecution division has taught me that defendants who have attorneys that vigorously seeks to get the best outcome for their clients get a better negotiated offer from the prosecution.

    In essence, you may be granted an ACD if your attorney can negotiate the terms to it. However, I recommend you speak to an attorney that will help you beat the original charge by showing the prosecution does not meet all the elements of the charged offense.

    LEGAL DISCLAIMER: The response given is not legal advice and does not create an attorney-client relationship. The response is for legal education purposes and the questioner should consult with an attorney.

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