Shahzad R. Khan Legal Blog

Wednesday, August 9, 2017

Lying to Get a Visa - Don't do it

Why do people lie to get a visa or an immigration benefit?  I frankly don't know.  But, it seems people lie often to get an immigration benefit, without realizing the consequences of their actions.  It could end up haunting them for the rest of their lives.

Section 212(a)(6)(C)(i) provides as follows:
Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

Yes, a person who by fraud or willfully misrepresents a material fact and seeks to procure an immigration benefit or admission into the US is inadmissible under the Immigration and Nationality Act.
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Wednesday, March 8, 2017

Muslim Ban 2.0 - A Brief Synopsis of the Major Provisions

This is a brief summary of the Executive Order issued on March 6, 2017. This order rescinds the Executive Order (13769) issued on January 27, 2017 and creates the following new rules and regulations. A summary of what the Executive Order covers is below:

Who does the ban apply to?

Foreign nationals, who do not possess a valid visa and who are outside the United States and are from Iran, Libya, Somalia, Sudan, Syria and Yemen are temporarily barred effective, March 16, 2017 (Section 1(f)).

When does the ban take effect?

The ban is effective March 16, 2017. The ban, bars persons from the six (6) countries temporarily for a period of 90 days (Section 2(c)).
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Tuesday, December 13, 2016

601A - Do Not Underestimate the Hardship

Do not underestimate the power of hardships.  A hardship, alone, may not seem enough to be extreme.  To establish an extreme hardship, it is not necessary to demonstrate that a single hardship, taken in isolation, rises to the level of extreme.  Rather, any relevant hardship factors must be considered in he aggregate, not in isolation.  A person living with an undocumented spouse has a lot to fear.

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Tuesday, December 6, 2016

DACA - Senators trying to help DACA recipients

Great article in the Guardian from over the weekend that shows that some in the Senate are trying to help those who are recipients of DACA.

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Monday, December 5, 2016

DACA - What is going to happen?

As the fog from the election has lifted, we are now faced with the reality that things are going to change significantly come January 20, 2017.  One of the things destined for a significant change is Deferred Action for Childhood Arrivals, also known as DACA.  President Elect Trump made it clear that the executive order that gave rise to DACA would be rescinded on his first day in office.  Honestly, we do not know what will happen.  But for now, it is the opinion of the American Immigration Lawyers Association (AILA) to continue filing for DACA applications for eligible candidates.

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Tuesday, October 25, 2016

USCIS Announces Final Rule Adjusting Immigration Benefit Application and Petition Fees

Release Date: 


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Monday, October 17, 2016

Understanding Physical Presence and Continuous Residence - Naturalization

Unfortunately,  a common problem I see with my clients is the misunderstanding of what all is required for one to become naturalized.  The most common issue that people have problems with and do not understand properly are the concepts of continuous residence and physical presence.  

Continuous Residence basically means that the applicant has maintained residence in the United States for a specified period of time.  Normally, you must have 5 years of continuous residence to apply for naturalization.  However, if you are married to a US, the requirement for continuous residence is reduced to 3 years while married to the US citizen spouse.

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Monday, October 17, 2016

Applying for a US Passport - No More Glasses: November 1

Starting November 1, 2016, If you are applying for a US Passport and you wear glasses, you will no longer be allowed to wear glasses in your passport photograph. See the full press release from the Department of State here.
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Friday, September 23, 2016

ASYLUM - It's not as easy as you may think

I get calls all the time from random people asking about various ways to get their relatives to the United States.  In particular, I had person call me yesterday which wanted to get his sister-in-law to the United States and figured that filing for Asylum was the best way possible.  So, naturally I educated the person on the basic requirements of an asylum application and then asked them what has happened to their relative.  Has their relative faced persecution as it relates to race, religion, nationality, membership in a social group, or political opinion or does the relative have a well founded fear of future persecution based on race, religion, nationality, membership in a social group, or political opinion. So, I asked him what are the particular facts and circumstances of his sister-in-law's case.
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Thursday, September 22, 2016

Diversity Lottery - Opening October 4, 2016 to November 7, 2016

Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as "diversity immigrants."  These are immigrants from countries that have historically low rates of immigration to the United States. Persons from the following countries are not eligible to apply, because more than 50,000 people from these countries immigrated to the U.S. in the previous five years:  Bangladesh, Brazil, Canada, China (mainland-born), Columbia, Domincan Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories and Vietnam.

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