Following are summaries of a few
of Attorney Bashir Ghazialam’s
success stories:
IMMIGRATION CASES:
Aggravated Felony/ Prosecutorial
Discretion/ Cancellation of Removal:
Legal
Permanent Resident Client with a long criminal
rap sheet (history) was charged with Aggravated
Felonies which precluded him from almost all immigration
relief (except Withholding of Deportation based
on Convention Against
Torture (CAT)).
Attorney Bashir Ghazialam filed a Motion
to Terminate Proceedings on the grounds that the
Government had failed to meet its burden in proving
that the charges of deportability as Aggravated
Felonies and Crimes Involving Moral are true.
After filing the motion, Attorney Bashir
Ghazialam was able to confer with ICE’s
Government Counsel and was able to reach and agreement
whereby ICE agreed to exercise “prosecutorial
discretion” and withdraw the Aggravated Felony
charges, thereby, rendering Client eligible to
apply for Cancellation of Removal (which is a
completely discretionary relief up to the Immigration
Judge who is required to balance the equities
in individual cases). Attorney Bashir Ghazialam thereafter applied for such relief and after the
merits hearing, Client’s application was granted
by the Immigration Judge, allowing client not
only to remain in the U.S., but also to hold onto his Green
Card!
Ineligibility for Cancellation of
Removal:
Client
had sustained several drug related convictions,
the first of which was less than 7 years after
his admission/entry into the U.S. as an immigrant. This conviction not only resulted in rendering
Client ineligible for Cancellation of Removal,
which was the only real potential relief available
for him, but rendered the Client subject to Mandatory
Detention. Due
to Client’s former Attorney’s incompetence and
ineffectiveness, the former Attorney engaged in
delaying tactics without working towards obtaining
a practical result for the Client.
In the meantime, Client continued to be
incarcerated while his elderly disabled mother
and friends in the U.S.,
and dependent wife and kids back home were kept
in the dark about the prospects of Client’s case.
Finally, the family decided to hire Attorney
Bashir Ghazialam,
who immediately and successfully petitioned the
Criminal Court (by way of collateral attack) for
the expungement of Client’s
first drug conviction, which enabled the Immigration
Judge to accept and hear Client’s Application
for Cancellation of Removal. Following the filing of and hearing on Client’s
application for Cancellation of Removal (which
is a completely discretionary relief up to the
Immigration Judge), Client was granted relief
and was able to immediately walk out of detention
and keep his green card after almost 2 years in
immigration custody.
Aggravated Felony Charge Dismissed
and Client Not Only Avoids Certain Deportation,
but Keeps His Green Card:
Client
was charged with and with the assistance of his
criminal defense attorney, pled guilty to resisting
arrest and assaulting a peace officer, and for
which his criminal defense attorney managed to
obtain the maximum possible sentence of 365 days.
As a result of the combination of the charge
(crime of violence) with the sentence (365 days
or more), client was placed in removal proceedings
and charged with Aggravated Felony, which not
only rendered client intelligible for any real
form of relief, but also subjected him to mandatory
detention. To
make matters worse, client suffered from a mental
disease which rendered him incompetent for the
immigration proceedings and which authorized the
Immigration Judge to administratively and indefinitely
close proceedings, which meant that Client could
have been held mandatorily
and indefinitely and in effect deposited into
an apparent immigration black hole somewhere in
South Carolina without being availed any further
due process rights.
After the family hired Attorney Bashir Ghazialam, Attorney Bashir Ghazialam immediately filed
a motion with the criminal court for a modification
of sentence arguing that but for the ineffectiveness
of his criminal defense attorney (coupled with
the failure to adequately advise client of the
immigration consequences of his plea and sentence),
Client would not have been sentenced accordingly. After oral arguments on the motion, the criminal
court judge reduced the Client’s sentence to 364
days, and following a motion in front of the Immigration
Judge (IJ), the IJ granted Client’s motion to
dismiss the Aggravated Felony charge and agreed
to hear Client’s application for Cancellation
of Removal. Following
the filing of and hearing on Client’s application
for Cancellation of Removal (which is a completely
discretionary relief up to the Immigration Judge), Client was granted relief and was able to walk out of detention
and keep his green card.
Cancellation of Removal Granted Despite
15 page rap sheet:
Client,
who was a Legal Permanent Resident (Green Card),
was an alcoholic with a very long rap sheet (criminal
arrests and convictions) which dated back more
than 25 years.
Client was subject to mandatory detention
pending his removal proceedings.
Client’s former attorney continued to bill
the family, but merely managed to obtain continuances
after continuances for almost 2 years without
working towards obtaining a real resolution in
the case. After Client hired Attorney Bashir Ghazialam, Attorney Bashir Ghazialam was able to convince
the Immigration Judge that despite Client’s habitual
criminal past, according to the equities which
Attorney Bashir Ghazialam demonstrated at the hearing, Client was entitled
to the Judge’s favorable exercise of discretion. Client was not only able to avoid deportation,
but was able to hold on to his Green Card.
Asylum Beyond
the 1 Year Filing Deadline:
Clients
and family members, were material witnesses in
connection with high profile drug cases, were
brought to the U.S. by the Drug Enforcement Agency
(DEA) as Humanitarian Parolees which allowed them
up to 1 year stay in the U.S. without any immigration
benefits (except employment authorization). Every year the DEA assisted with renewing their
Humanitarian Parole Visas for several years. However, they were eventually informed that
their visas and work permits would no longer be
renewed and Clients were effectively left on their
own. Even
though Clients were facing certain harm and persecution
had they returned to their country,
they did not meet the general requirements
of qualifying for asylum since more than one year
had passed from the date of their last entry into
the U.S.. Attorney Bashir Ghazialam took their case and applied for an exception to
the 1 year filing deadline.
Clients were interviewed and granted asylum
after their initial asylum interview!
Self Petitioning Abused Spouse of
a U.S. Citizen:
Female
Client who had no other close relatives or friends
was brought to U.S. through fiancé
visa and subsequently married her fiancé, who
began abusing her from the day she stepped off
the plane. Client
became pregnant and gave birth to a beautiful
daughter. In the meantime, her husband kicked her out
of the house (while she was pregnant) and obtained
a divorce (without her knowledge) before she could
apply for and be granted Legal Permanent Resident
(LPR) status.
Client who had no documents (not even a
valid California ID) was very desperate and was
being bounced around from one shelter to the other
(including a local mosque). To make matters worse, her husband had confiscated
whatever official documents she had. Attorney Bashir Ghazialam filed a special Violence Against
Women Act (VAWA) petition.
Client received her green card within months
of Bashir Ghazialam taking her case!
Form
I-751 Waiver of the Joint Filing Requirement of
the Petition to Remove the
Conditions on Residence
Client
married a U.S. Citizen (USC) and accordingly filed
for a Green Card. Client received a 2 year Conditional Green Card,
meaning that within 90 days of the second anniversary
of receiving her conditional green card, she and
her husband needed to file a Joint Petition to
Remove the Condition of Residence (in order to
prove that it was a bona fide or good faith marriage;
i.e. that they in fact have been married and living
together for the previous 2 years).
Client began experiencing difficulties
in her marriage and before the 2 year anniversary
of their marriage, the couple had separated and
filed for divorce.
Client filed for a Waiver of the Joint
Filing Requirement.
In order to be successful, Client needed
to demonstrate that not only the marriage was
bona fide or in good faith, but in addition, Client
would experience extreme and unusual hardship
in the event the waiver was not granted. Moreover, client also needed to show that the
marriage was officially terminated.
Not surprising, client’s application was
denied and client was subsequently placed in removal
proceedings in front of an Immigration Judge. Client hired Attorney Bashir
Ghazialam, who on the
very first Master Calendar hearing, was able to
convince the judge to order the removal of the
2 year condition.
Client was subsequently able to apply for
Naturalization which with the diligent representation
of Attorney Bashir Ghazialam, she was able to
also successfully obtain!
Overstaying on Non-Immigrant Visa,
Being Placed in Removal Proceedings, Being Released
on Immigration Bond, Marrying a U.S. Citizen,
Winning Termination of Deportation and Obtaining
Green Card:
Client
came to the U.S.
on a student visa and stayed in the U.S.
beyond the allowable time period.
Client was subsequently able to obtain
employment and continued to remain and work in
the U.S.
without authorization.
After about 9 years in the U.S.,
client was detained and placed in removal proceedings
by Immigration and Customs Enforcement (ICE).
Attorney Bashir Ghazialam was able to win
release of Client in a Bond Hearing pending resolution
of the case. Following release, Client met and fell in love
with a U.S. Citizen and accordingly, Attorney
Bashir Ghazialam
was able to file for and obtain approval of an
Immigrant Relative Petition while the removal
hearings were continuing. After such approval, Attorney Bashir Ghazialam was successfully
able to make a motion for termination of proceedings
which enabled the client to apply for a green
card with the U.S. Citizenship and Immigration
Service (USCIS or CIS), which with the help of
Attorney Bashir Ghazialam
he did and win!
Asylum Based on Persecution Based
On Gender:
Client
came to the U.S.
with her husband on a Non-Immigrant visa.
Due to irreconcilable differences, client
divorced her husband. Since client did not qualify for any other immigration
benefits, she was not able to renew her visa or
adjust status. However, client feared that in case she returned
to her country, she would be a victim honor killing
by her relatives/ in-laws because of divorcing
her husband. Attorney
Bashir Ghazialam
took her case and applied for asylum on such grounds
and client was able to win her asylum case after
the initial interview with an Asylum Officer.
Denial and Appeal of Relative Immigrant
Petition:
Client,
on his own (without the help of an attorney) filed
a relative immigrant petition for his wife who
was outside of U.S. Citizenship and Immigration Service (CIS) responded
by sending Client a Request for Evidence (RFE)
since Client had not sufficiently submitted all
the required documents. Client, again on his own, responded to the RFE,
and soon thereafter, Client received a Notice
of Denial of his petition.
Client subsequently consulted with Attorney
Bashir Ghazialam,
who filed an appeal on the denial of Client’s
petition, along with the appropriate documents
in response to the original RFE. Shortly thereafter, Client’s petition was approved
and the file was forwarded to the National Visa
Center (NVC) for further Consular Processing (CP).
Client’s wife was able to travel to the
U.S. as a Legal Permanent Resident
(Green Card) within months of Client hiring Attorney
Bashir Ghazialam!
Applying for and Winning Naturalization
with Criminal Convictions for Domestic Violence
(DV) (potentially Deportable Offenses):
Client
had 2 recent arrests and convictions for Domestic
Violence (DV). Client consulted with and hired another attorney
for purposes of filing for Naturalization. Client was denied naturalization for lack of
good moral character due to convictions for domestic
violence related crimes. Client hired Attorney Bashir
Ghazialam who decided
not to appeal the denial, but to instead file
a new application along with evidence of good
moral character.
Client was interviewed (with assistance
of Attorney Bashir Ghazialam)
and granted Naturalization!
Entering on Fiancé Visa, Not Marrying
the Petitioner within 90 days and NOT having to
return to homeland:
In
order to bring your fiancé into the U.S.
for the purposes of marriage, then one must file
a petition with the Bureau of Citizenship
and Immigration Services (previously INS) on behalf
of the fiancé(e). After
the petition is approved, the fiancé must obtain
a visa (K1) issued at a U.S. Embassy or consulate
abroad. The marriage must take place within 90
days of the fiancé entering the United States.
If the marriage does not take place within 90
days or the fiancé marries someone other than
the original petitioning fiancé (the U.S. citizen filing Form I-129F - Petition for
Alien fiancé), the fiancé will be required to
leave the United States.
Until the marriage takes place, the fiancé is
considered a nonimmigrant. A nonimmigrant is a
foreign national seeking to temporarily enter
the United States
for a specific purpose. Moreover, a fiancé may
not obtain an extension of the 90-day original
nonimmigrant admission.
Client
entered the U.S.
on a fiancé visa, however, his fiancé refused
to marry him, thereby precluding him from obtaining
any immigration benefits through their relationship. To make the situation worse, Client overstayed
his fiancé visa for several years.
However, Client had a credible fear of
persecution returning to his country of nationality
because of recently changed country conditions. Client hired Attorney Bashir
Ghazialam, who applied
for asylum on behalf of Client, in addition to
the waiver of the one year filing deadline due
to changed country conditions.
Client was granted asylum following the
initial interview!
Eligibility
Under Sections 245(i)
and 245(k):
Section 245(i) of the
Immigration and Nationality Act (INA) allows persons
who are the beneficiaries of immigrant visa petitions
or of labor certification applications (LCs)
filed on or before January 14, 1998, to eventually
adjust status in the U.S. despite having
fallen out of status or having entered without
inspection. There is also a limited extension
allowing people who have the petition or LC filed
by April 30, 2001 to benefit, though there are
additional requirements in such cases. Prior to
the enactment of section 245(i),
one who reaches the final stage of Green
Card processing and turns out to be ineligible
for adjustment must instead “consular process”
for his or her permanent residency by undergoing
an interview at a U.S. consulate abroad. (There
remain some limited exceptions, the main one being
“immediate relatives:” parents, spouses, and children
(under 21 years of age) of U.S. citizens,
so long as they entered legally.) For persons
with status problems consular processing has significant
risks imposed by the 1996 immigration law, mainly
the prospect of being barred for three or ten
years from re-entering the United States. Section
245(i) enables persons
who have employment- or family-based immigrant
petitions or labor certifications, filed on or
before April 30, 2001, to avoid consular processing
when the time comes to complete their Green Card
cases and, instead, be able to complete the entire
procedure in the U.S. This provision does not
affect the timing of the adjustment but only affects
whether, when the time eventually comes to adjust,
the person will be eligible to file the adjustment
application (Form I-485 and related documents)
in the U.S., as opposed to having to go for a
visa interview abroad. It is important to keep
in mind that Section 245(i)
does not give a person permission to remain in
the U.S. in expired status. For those
who have not been apprehended by INS in the meantime,
however, 245(i) provides the opportunity to retroactively remedy the out-of-status
problem at the time of filing for adjustment of
status.
Client
entered the U.S.
in 1998 on a tourist (visitor) visa and before
April 30, 2001, her employer filed for a labor
certification (LC) application. Client remained in the U.S. and continued
to work for the same employer until her LC application
was processed and approved several years later.
With the help of another attorney, client
filed an Immigrant Worker petition along with
an Application for Adjustment of Status (green
card) and a 245(i) waiver. Client’s
petition and application were denied due to mistakes
committed by client’s previous attorney and client
was placed in removal proceedings. Client hired Attorney Bashir
Ghazialam, who was able
to successfully re-file the Immigrant Worker Petition
while the removal proceedings were pending. After such approval, Attorney Bashir Ghazialam was successfully
able to make a motion for termination of proceedings
which enabled the client to apply for a green
card with the U.S. Citizenship and Immigration
Service (USCIS or CIS), along with the 245(i)
waiver (which meant that client did not have to
leave the U.S. in order to go through Consular
Processing and thereby subjecting herself to the
10 year admissibility bar) which with the help
of Attorney Bashir Ghazialam she did and win!
Naturalization Denied then Granted
Based on Welfare Fraud:
Client
had previously applied for and was denied naturalization
based on lack of good moral character in connection
with a previous welfare fraud case. Client hired Attorney Bashir
Ghazialam, who applied
for naturalization on her behalf and won!
Immigrants who seek an exception
to the English and civics testing requirements
for naturalization "because of physical or
developmental disability or mental impairment."
Attorney
Bashir Ghazialam has successfully
and repeatedly obtained naturalization for immigrants
who seek an exception to the English and civics
testing requirements for naturalization "because
of physical or developmental disability or mental
impairment." Attorney Bashir Ghazialam has won cases where
the applicants have previously failed to obtain
this exception by their own or with the help of
another attorney.
Investment Visas:
The
EB-5 visa for Immigrant Investors is a
United States visa
created by the Immigration Act
of 1990. This visa provides a method
of obtaining a green card for foreign nationals who invest
money in the United
States. To obtain
the visa, individuals must invest at least $1
million, creating at least 10 jobs. By investing
in certain qualified investments or regional
centers with high unemployment rates, the
required investment amount is $500,000 (through
the Immigrant Investor Pilot Program). This "Pilot
Program" requires only $500,000 of investment
in exchange for permanent resident status. The
investment could only be received by an economic
unit defined as a Regional Center.
Attorney
Bashir Ghazialam has successfully
obtained Green Cards for Immigrant Investors and
their families!
Hundreds of Fiance, Alien Relative,
Investment, Employment, and other Petitions for
Immigration Benefits Approved!
CRIMINAL CASES:
Felony Domestic Violence Charges:
All Charges Dismissed!
Misdemeanor Domestic Violence Charges: All Charges Dismissed!
Felony Charges including Domestic
Violence:
4
out of 5 charges dismissed by judge following
Preliminary Hearing!
Felony Burglary Charges: All charges dismissed and Case Certified
with Juvenile Court!
Felony Evasion of Police: DA agreed to reduce charges to reckless driving (infraction)
in the middle of jury trial proceedings!
DMV DUI Hearing: Following DMV hearing, charges dismissed!
DMV DUI Hearing: Following DMV hearing, charges dismissed!
