Entries by Cyrus Mehta

One Step Forward, Two Steps Backwards: Immigration Benefits for Same Sex and Domestic Partners in India

By Cyrus D. Mehta and Ramya Mahesh The question of immigration benefits to same sex couples is still a far cry in India. India not only disallows same sex marriages, it also currently criminalizes relationships between same sex partners, terming them as unnatural. Section 377[i] of the Indian Penal Code (“IPC”), an archaic law, was introduced in […]

I PLEDGE ALLEGIANCE: THE NATURALIZATION OATH AND DUAL CITIZENSHIP

By Gary Endelman and Cyrus D. Mehta The oath ceremony is often one of the most significant and profound in an immigrant’s journey towards American citizenship. It signifies the end of the immigrant experience and is the final threshold before one’s acceptance as a citizen. It is also a happy moment, and the ceremony is generally accompanied by […]

Free the Children: Parent’s Abandonment of Green Card Should Not Be Imputed on the Child

There are a number of  unfortunate cases where the parent abandons lawful permanent resident (LPR) status by staying outside the United States resulting in the child’s LPR status also being abandoned. Should the child’s LPR status be deemed abandoned even if the child had no intention to abandon that status? The answer, unfortunately, is “Yes,” […]

The Ambiguous B-1 Visa: Lessons Learned From the Infosys Settlement

Infosys is one of India’s most storied IT companies with a roster of impressive clients in the US, including named Wall Street Banks, Silicon Valley companies, retail chains, insurance companies and manufacturers. With a footprint all over the world and known for its integrity and probity, it thus came as a surprise that the United […]

DOS Releases Info on Cut-Off Date Calculations; November 2013 Visa Bulletin Shown Movement in China ‘Other Workers’ Category

The Department of State (DOS) recently released information about how it calculates visa availability cut-off dates. Separately, the Visa Office has released the latest November 2013 Visa Bulletin, which explains additional points and notes forward movement in the China employment-based third preference “Other Workers” category. Visa availability calculations. DOS explained that each month, its Visa […]

DELAYS FOR OVERSEAS SPOUSES OF US CITIZENS SEEKING GREEN CARDS

By Cyrus D. Mehta One of the most fundamental benefits under immigration law is for the ability of a US citizen to quickly sponsor a foreign national spouse for a green card.  While the granting of immigration benefits is contentious in today’s political environment, no one has disputed, even immigration restrictionists, that a US citizen cannot […]

CAN AN UNDOCUMENTED LAWYER PRACTICE IMMIGRATION LAW?

All eyes are focused on whether the California Supreme Court will grant an undocumented lawyer a law license in the case of Sergio Garcia. If an undocumented lawyer like Garcia is granted a license, what would happen if he chooses to practice immigration law? In the past, undocumented lawyers who practiced immigration law have been […]