Entries by Cyrus Mehta

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 […]

Nearly 12 Years After 9/11 Applicants Perceived as Muslims Still Targeted Under a Secret Immigration Program

After the 9/11 attacks, anything and everything concerning immigration has been viewed through the prism of national security. Even a straightforward bona fide marriage between a US citizen and foreign national spouse will only be approved after every aspect of the spouse’s information is extensively checked against humongous and error-prone national data bases. In the […]