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Hassan Minhaj Ahmad

Hassan Ahmad’s Answers

238 total

  • Can I apply for Temporary Protected Status (TPS)?

    Recently there was devastating earthquake occurred in Nepal. And USCIS granted TPS for People of Nepal who are here before June 24. My wife got that approved coz she was here at that time. But I just arrived to USA last month and I am not eligible...

    Hassan’s Answer

    Unfortunately you have the meet the residency requirements. However - there is always the possibility that the date may be extended. Until then, you will need to find another way to stay here. If you're on an H-4 - perhaps your wife has a green card process started. As a Nepali she won't be subject to the lengthy waits like for Indians and now it is possible for H-4's to get work permits if they meet certain conditions.

    You have to make a decision and a plan based on what the law is, not what it might be, or what you'd like it to be. Forget TPS for now and concentrate on a plan that will get you valid status.

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    Hassan’s Answer

    A plaintiff being out of status is no defense to a lawsuit.

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  • If someone enter the US illegally and have been in the US for more than 10 yrs without any problems, can they become legal?

    How can they apply for residency.

    Hassan’s Answer

    There is a common misconception that being here for 10 years gives you the right to apply for a green card. There is NO SUCH LAW.

    As my colleagues have explained, there are options for people to *file* for residency, if certain other conditions are met, such as not having a prior removal order, and being placed into removal proceedings. Until those conditions are met, you don't even have the right to apply for a green card.

    But even if those conditions are met, it doesn't mean you will get a green card. Just like when you apply to a school, you might have the right to apply, but that doesn't mean you will get in. Think about how many people apply to a school like Harvard and don't get in.

    Consult with a lawyer and get the answers you need tailored for YOUR case.

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  • Do I fill out or get a lawyer to do it? Or should I get a lawyer to put case away?

    My husband is going to immigration court due to the fact that he was working in North Dakota about 3 years ago; the border patrol took him to jail for one month he got a lawyer and he was free. But his last court was in March and the judge told hi...

    Hassan’s Answer

    Getting a lawyer will help you not be confused. If your husband does not file an I-589, he may not have any other form of relief available. What does that mean? It means he will either have to leave the US on his own accord, or get deported. Neither of these are pleasant choices.

    Going to immigration court without a lawyer is like walking into a dark room blindfolded.

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  • Should I contact an immigration attorney or DOL?

    My boyfriend is on an H1 B visa. Recently his employer instituted a policy changing their pay to 40 hours with bonus. This employers practices are very dodgy. They already pay under the prevailing wage by his contract. He is suppose to be paid 27....

    Hassan’s Answer

    If the employers fail to pay the prevailing wage, you can file a complaint (now that the government is open again!) to the DOL Wage and Hour Division.

    DOL only cares if the prevailing wage is paid, whether by salary + bonus, or with commission, etc. Failure to pay the hourly wage as by contract is more of a breach of contract issue, not a DOL issue.

    However, the fact that he is working full-time would also be a potential violation of the terms of the H-1B petition which is authorized only for 30 hrs/week. It is improper when an employer tells DOL the job is part-time (in order to bring the total amount payable down) but then squeezes 40+ hours out of the hapless employee.

    Whether the fact that the policy is new matters or not depends on how long the employee has been on H-1B; you have to look at the amount actually due and whether the bonus will bring the total yearly salary up to the prevailing wage or not.

    You should run the situation by competent immigration counsel.

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  • I am a green card holder since 1992,the 4 year 1 day rule applies to me. I will be eligible to apply for citizenship on aug-2016

    I will be eligible in Aug-2016 since I started to go back and forth in Aug- 2012. Here is my story :I got married in 2011,my husband wants to come to the states but he can't since I need at least 3 years to bring him since am a green card holder,...

    Hassan’s Answer

    If you've been spending 6 mos in the US you should be eligible for naturalization sooner. You've spent too much time prior to that outside the US and that's why you're being given a hard time. Did you ever apply for a re-entry permit? That can sometimes help. But you need to now travel with proof of your intent to live in the US after naturalization. Every case will be different in terms of what documents you should travel with.

    I would strongly suggest you go seek the help of a competent immigration lawyer. If you lose your residence (or get put into abandonment proceedings, which it sounds like you are at risk for) you're going to kill both your chances and your husband's chances of living in the US.

    The following link, while not exactly your situation, will help you understand the issue better.

    Get legal help.

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  • If an initial H-1B is denied is it better to file a motion to reopen, a motion to reconsider or an appeal?

    Initial H-1B was denied. Basis for denial is that USCIS does not think beneficiary qualifies as a specialty worker because he was going to be working off-site. Actually, beneficiary was going to be training people re petitioner's proprietary sof...

    Hassan’s Answer

    Probably refile. No reason to fight if the specific ground of denial has been overcome. You can get a decision much more quickly by refiling under premium processing since you say "time is of the essence."

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  • I sent my application for perm. resident and you send it back stating that "the priority date does not appear to be current"

    I have a few question concerning my case and i don't want to make any other mistake when i will send it back to you: - The code number on the ride side of my I-485 and the I-130 has been crossed with a pen, does it mean that it is canceled? ...

    Hassan’s Answer

    Agreed with my colleague. If you were out of status at all, you have to wait until she naturalizes. If you were in status, you should check the visa bulletin to see if your date is current. If you don't understand how the visa bulletin works, you should not be filing your case without legal assistance.

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  • If immigration suspects that last marriage to a foreign national was not bona fide but knows that present marriage is bona fide.

    If immigration suspects that last marriage was not bona fide but knows that present marriage is bona fide.Last marriage was officially done but for another country and never lived together.Present is true .My Adjustment of status is not based on...

    Hassan’s Answer

    You need to be aware of INA section 204(c). That provision of law prevents the approval of any petition where there is evidence that you have entered into a fraudulent marriage. It doesn't matter if your marriage is now bona fide, or even if it was an employment-based petition. If immigration is asking about your prior marriage, it's because they are seeking to build a case against you. You face a LOT of risk. It doesn't matter whether your spouse applied for an I-130 or not: the crime of marriage fraud is complete when the fraudulent marriage is entered into, not when the I-130 is filed.

    You need to seek help, and quickly, to avoid a 204(c) finding. If you are asked about the previous marriage you have to answer truthfully, or else you will risk a finding of inadmissibility under INA 212(a)(6)(C)(i).

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  • Affidavit of support to be filed for my husband.Can both my mother and father be the co-sponsor?

    1) I do not have any previous tax returns or w-2 as i started working this year from March. Individually gross income till date is 11,000. Can i attach a copy of my recent pay stubs to prove my income? 2) i have been living with my parents for ...

    Hassan’s Answer

    You need to prove current year's income by either an employment letter, paycheck stubs, or both. Last year's tax return is mandatory to send - but it is not, by itself, conclusive proof of sufficient current income in the year of filing, which is what is required to be shown under the regulations.

    Feel free to contact us for further info.

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