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S. Michael Musa-Obregon

S. Michael Musa-Obregon’s Answers

8 total

  • Dear sir. my sylam case is pending can i apply for advance parol for traval abrod.

    Dear sylam case is pending. can i aply for advance parol for traval abrod.

    S. Michael’s Answer

    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 a complex issue that you must discuss with a qualified immigration lawyer.

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

    I have no criminal background prior to this arrest and was suspended w/o pay from the NYC Dept. Of Education until I receive an official disposition. I was given an ACD of 90 days and had to complete 10 days Comm Service. I went back to court and ...

    S. Michael’s Answer

    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-incrimination there should be no evidence against you from your own mouth substantiating these charges. And the Court against you sustained no allegations. Your employment lawyer can get a lot of mileage out of the fact that ALL criminal charges have been dismissed. Be careful with some of the union lawyers- our experience from the sidelines is that many of them get “tunnel vision,” its just business as usual and that they have a certain way of doing things and make many less than optimum deals with management. Sometimes an outside criminal lawyer with experience in motivating union lawyers to fight for you might be the best thing. We have done it for clients and it has been extremely helpful in preventing termination.

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  • Would i qualify for grandfathering under 245i

    My uncle filed petition for my mom on march 2001 . I came to us with a j1 visa on march 2010 and applied for extension that has been denied. So i overstayed . And now looking for a way to adjust my status without going back to my home country.

    S. Michael’s Answer

    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!

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

    i had in possession, a fake nycha employee parking permit displayed on my windshield. i am not a employee. i have no priors. i received a letter from the manhattan DA office to turn myself in to be arrested so charges can be brought against me.

    S. Michael’s Answer

    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 agencies used and abused certain privileges like parking permits by giving them out to friends and family. I don't doubt that Mr. Vance's (the Manhattan DA' office) would like to know how you got your hands on this one, in consideration for possible further benefits to you, but that alas, is a question you would want to ask your attorney.

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  • Shoplifting question for citizenship application . plz help

    URGENT! Question about Citizenship and Naturalization Rockville, MD Ok. We are filling application for citizenship. The person had a petty shoplifting record about 3.5 years ago and been a good citizen since then. The out come of the court w...

    S. Michael’s Answer

    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 prosecute an offender but do "condition" the plea on a particular defendant's participation in something, such as an "informal probationary period, " community service, a program , etc. While such a condition is not technically a sentence - as a sentence implies a guilty - it may be something that the immigration officer would want to know about from his subjective perspective, ie., how was the case disposed of and what were the conditions placed on the defendant by the court, so that he could take advantage of that favorable plea.

    The short answer is answer 'No" to 1; but be careful about answering 2, in the sense that you would want to disclose to the officer at the USCIS the conditions imposed upon you by the court. So to be sure, consult with an immigration lawyer familiar with criminal work so that you are completely covered and are perceived by the immigration officer as answering the question completely truthfully. And of course, your starting point should be the infamous certificate of disposition.

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

    My husband has petitioned for permanent residency and we are now moving to a new address while the petition is still being processed. I know my husband cannot leave the United States during this time, but is there any problem with moving to a new ...

    S. Michael’s Answer

    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.

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  • Filing VAWA with immigration

    Do the affidavits need to be notarized?

    S. Michael’s Answer

    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.

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  • What does it mean by immigration, detainer provided?

    My boyfriend is currently located in the Oakland county jail. He has a immigration hold on him, & it says detainer provided. I was wondering if that meant that hes actually going to be deported, or if he still has a chance.

    S. Michael’s Answer


    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 released from a local criminal jail for immigration to come and investigate or arrest the person on immigration charges.

    An Immigration Detainer means that a person cannot get out of jail unless an Immigration Judge later orders it. What a few lawyers do is exactly that: They get an immigration judge to order the person’s release on bond so he can be free.

    Many people are given damaging, false information that they cannot ever be free in this country because even if they pay the bail the person will be automatically de deported. That is completely false. The person cannot be deported without seeing an Immigration judge unless that person has a prior deportation order. The immigration judge generally has the power to set a bond except in limited cases. If you pay the criminal bail, the person goes to immigration where the immigration judge has the power ( in most cases) to set a bond and if you pay the bond, the person is freed. Sounds simple doesn’t it, but it is in fact a complicated process that only an experienced lawyer can handle.

    Here we will teach you how someone can, with the help of an experienced lawyer remove this immigration detainer and get out of jail in many cases. Some lawyers have gotten people released from prison with immigration detainers, even when they were in the U.S. illegally and had a criminal record and criminal convictions. A past record of success, however, cannot guarantee a similar outcome for your case. Every case is different and you must consult with an experienced attorney in this field. This is a new field of law called “criminal immigration law” practiced by criminal lawyers that are also highly experienced in immigration law.

    FIRST: you will need a lawyer who knows how to do this; in our experience, lawyers who know how to get people with immigration detainers out of jail before their criminal case is over, are few and far between. Many criminal and immigration lawyers, criminal judges and prosecutors incorrectly believe that once ICE places a Detainer on a person who has criminal charges that’s the end of the story and the person will never get out of jail, except when they are sent to their home country. That is generally incorrect. There are many illegal immigrants that can get out of jail here in the U.S. in a few days or a few weeks, even with an Immigration Detainer, if their lawyers know how to do it. You should contact and retain a “criminal immigration lawyer” who knows how to do this and follow his advice. (Remember, however, there are some people that have aggravated felonies or narcotics trafficking convictions, and other categories that cannot get out. For who is eligible to get out on bond and who is not, you must consult with an experienced lawyer.

    SECOND: after hiring a “criminal and immigration lawyer”, you should immediately pay the bail on the criminal case. That way the inmate is freed on the criminal case, and now has to deal with immigration to try to get out of jail. Remember that the inmate will not get out of jail immediately but can only get out later once he is in immigration custody, one to three weeks later and if and when an immigration officer or a judge sets a bond which is then paid.

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