Immigration for Everyone: How to Get Your Visa or Green Card Now

Immigration for Everyone: How to Get Your Visa or Green Card Now

by Naresh Gehi Esq.

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Product Details

ISBN-13: 9780692853528
Publisher: Books & Books Press
Publication date: 06/06/2017
Series: Immigration for Everyone Series
Pages: 304
Product dimensions: 6.00(w) x 8.90(h) x 1.10(d)

About the Author

Naresh M. Gehi is the principal attorney of Gehi & Associates, a New York–based law firm that handles complex immigration cases from all over the United States and the world. Attorney Gehi has been cited as an expert immigration attorney by PIX 11 News and has appeared on New York 1 TV, ABC News, and Fox 5 News. Articles relating to Attorney Gehi have appeared in the New York Times, New York Post, CNN News, Reuters News, Forbes, and the Daily News, among others.

Well versed in judging the complexities of immigration, Attorney Gehi has handled terrorism-related immigration cases and been a speaker at the American Immigration Lawyers Association, as well as a panelist for the association’s Ask the Experts. Mr. Gehi and his firm have a proven track record of handling extremely complex immigration matters of every type. Attorney Gehi has represented prominent film personalities, diplomats from the United Nations, famous political personalities, and top corporate directors. Attorney Gehi also provides second opinion on immigration cases that are handled by other law firms and conducts corporate seminars and immigration lectures upon request.

Read an Excerpt

TRUMP’S EXECUTIVE ORDER, AN OVERVIEW AND ANALYSIS

If, like many, you are left confused or concerned about president Trump’s recent executive orders, which have sparked so much controversy, you are not alone. A brief overview of the order is provided below, first, as it was initially issued, and then as it was revised. Subsequently, an analysis of the ensuing legal battles as to the executive order’s constitutional validity is discussed, and finally, the author will examine the order’s failed attempt at protecting national security and how it tarnishes international relations.

On January 25, 2017, president Trump signed and issued an executive order severely restricting immigration from seven largely Muslim nations: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Among other things the order suspended for 90 days the entry of citizens of these countries into the United States, and specifically barred Syrian refugees from entry for 120 days.

After the order was signed, visitors, students, lawful permanent residents and various visa holders from these countries were stopped at airports in the United States and abroad resulting in chaos. The order has ignited fierce criticism, protests, and the filing of several federal court cases questioning its legal validity on the basis of religious discrimination. On January 28th, federal judge Ann Donnelly in Brooklyn, New York issued a temporary restraining order (“TRO”) blocking the part of the order which would have returned individuals to their countries of citizenship who were stopped at the airports pursuant to the order. This case was followed by decisions in three other states Massachusetts, Virginia, and Washington which issued similar rulings freezing the order. Ultimately, on February 9th, the 9th Circuit Court of Appeals issued a preliminary injunction against the order on appeal.

In reaction to the various lawsuits, Mr. Trump issued a revised executive order on March 6th altering the original order such that the ban will affect only new visa applicants from the designated countries, rather than individuals who already hold valid visas or are legal permanent residents. Additionally, the revised order removed Iraq from the designated countries and permitted entry of individuals whose visas were revoked under the former order.

The revised order was again followed by legal opposition when, just hours before it was to take effect, Hawaii judge Derrick Watson issued a nationwide TRO finding that the executive order, even as revised, was religiously discriminatory and therefore unconstitutional. The TRO was followed by a parallel order issued from a Maryland federal judge. The government argued that the ban is neutral as to religion, and rather, targets specific countries which have been cited as potential national security threats.

The author is in agreement with the most recent decisions issued by judges Watson and Chuang of Maryland. The government’s assertion regarding religious neutrality is without merit, for one, the countries the order targets have Muslim populations that range from 90 to 99 percent, further, the order does not ban entry of citizens of Saudi Arabi, Egypt, the United Arab Emirates or Lebanon, the countries of citizenship of the actual 9/11 hijakers. Moreover, the president himself, on numerous occasions during his campaign, specifically noted his intentions to thwart Muslim immigration.

In the 1982 U.S. Supreme Court decision Larson v. Valente, the court found unconstitutional a Minnesota law which imposed registration and reporting requirements upon only those religious organizations that solicited more than 50 percent of their funds from nonmembers. Larson v. Valente, 456 U.S. 228 (1982). The court found the Minnesota law violated the Establishment Clause of the Constitution because it favored one religion over another. For those who need reminding, the core of the Establishment Clause, which forms part of our Constitution’s First Amendment, is to prevent governmental endorsement of religion, this includes the prohibition of governmental support or endorsement of religion over non-religion. Trump’s executive order targets Muslim countries for differing treatment and therefore favors other religions, or non-religion, over Islam, the very principle the Establishment Clause prohibits.

To make matters worse, the exclusion of refugees is in stark contravention with the Convention Against Torture (“CAT”), an international treaty to which the U.S. is a state party. A core principal of CAT is the protection of refugees from countries where they faced persecution. The author asserts that the perceived threat to national security should not nullify the tenets of this extremely important treaty and the critical role it plays globally.

Not only is the order invalid and unconstitutional by virtue of religious animus, it fails to achieve its own purpose, national security. Effectuating this goal requires proper vetting procedures, not an all-out ban. As many are not aware, meticulous vetting procedures are already in place for refugees entering the U.S., specifically Refugees attempting to enter and settle in the U.S. are already subject to a lengthy vetting procedures. First, they are screened by the U.N. High Commission on Refugees. The individuals who are cleared for possible entry to the U.S. are then subjected to further vetting by the National Counterterrorism Center, the FBI's Terrorist Screening Center and the Department of State, Defense and Homeland Security. Later, their biometric information is further scrutinized when they undergo interviews with DHS officers. These inspection procedures can take up to two years.

Lastly, and shamefully, the order engenders hostile relationships with the countries it targets in an already fragile political atmosphere. By means of example, in late January, Iran’s Foreign Affairs Ministry announced legal, political and reciprocal measures would be taken against the U.S., while to date no specific retaliatory actions have been taken, this type of action by the Trump administration only serves to prompt contentious international relations.

In conclusion, the author presses that the order is constitutionally invalid, is an inefficient and harmful means to effect national security, and ultimately creates strains in our international political climate. Let us not forget that the Syrians nationals that are attempting to enter the U.S. are not themselves terrorists, and in fact, merely seek protection from those who are.

Table of Contents

Acknowledgments i

Preface iii

Introduction iv

Non-Immigrant Visas

Chapter 1 The A Visa (Diplomats) 1

Chapter 2 The B Visa (Visitors for Business or Pleasure) 5

Chapter 3 The C Visa (Transit Visa) 9

Chapter 4 The D Visa (Crew-members/Sailors) 11

Chapter 5 The E-1 Visa ('Treaty Trader) 15

Chapter 6 The E-2 Visa (Treaty Investor) 19

Chapter 7 The E-3 Visa (For Australians) 23

Chapter 8 The F-1 Visa (Students) 25

Chapter 9 The G Visa (United Nations or International Organizations) 29

Chapter 10 The H-1B Visa (Specialty Occupations) 35

Chapter 11 The H-2B Visa (Temporary/Seasonal Workers) 39

Chapter 12 The H-3 Visa (Non-immigrant Trainee Visa) 43

Chapter 13 The I Visa (Media) 45

Chapter 14 The J Visa (exchange visitor program) 49

Au Pair Program 50

Camp Counselor Program 52

College and University Student Program 54

Government Visitor Program 55

Intern Program 57

International Visitor Program 59

Physician Program 61

Professor and Research Scholar Program 63

Short-term Scholar Program 65

Summer Work Travel Program 67

Teacher Program 68

Trainee Program 70

Specialist Program 72

Secondary School Student Program 73

Two-year Home Country Physical Presence Requirement 76

Chapter 15 The K Visa (Fiancé Visa) 79

Chapter 16 The L Visa (executives of foreign companies) 83

Chapter 17 The M Visa (Vocational Students) 87

Chapter 18 The N Visa (NATO workers) 91

Chapter 19 The O Visa (extraordinary ability or talent) 93

Chapter 20 The P Visa (talented athletes or entertainers) 97

Chapter 21 The Q Visa (Cultural Exchange Program) 103

Chapter 22 The R Visa (Religious Workers) 105

Chapter 23 The S Visa (foreign nationals assisting law enforcement) 109

Chapter 24 The T-Visa (victims of sex trafficking or involuntary servitude) 111

Chapter 25 The TN Visa (Canadian and Mexican professionals) 113

Chapter 26 The U Visa (Victims of crimes) 117

Chapter 27 The V Visa (Spouse/child of a Legal Permanent Resident Visa) 119

Immigrant Visas

Chapter 28 Employment-Based Permanent Residence (EB Visa) Categories 123

Chapter 29 The Diversity Visa Program 129

Chapter 30 Family-Based Immigration 135

Chapter 31 Adopting a Child From A Foreign Country 143

Chapter 32 Political Asylum 149

Chapter 33 Battered Spouse, Children, AND Parents 153

Chapter 34 Green-card for Registered Nurses 155

Chapter 35 Investor's Green Card (Fifth Preference) 161

Chapter 36 SD Visa (Immigrant Visa for Religious Workers) 165

Recommended Readings

Chapter 37 Deferred Action for Childhood Arrivals 169

Chapter 38 Temporary Protected Status 171

Chapter 39 National Security Entry-Exit Registration System (NSEERS) 173

Chapter 40 A Brief Discussion on International Adoption by the Hague Process 175

Chapter 41 Provisional unlawful presence waivers 177

Chapter 42 Expansion of the provisional unlawful presence waivers 179

Chapter 43 Fraud Waiver and Criminal Waiver 181

Chapter 44 Basics of U.S Citizenship 183

Chapter 45 The Visa Bulletin 191

Appendices

Appendices 193

Glossary 253

References 283

Trump's Executive Order 285

About the Author 287

What People are Saying About This

From the Publisher

Rated as one of the top 100 lawyers in New York City practicing immigration law by the American Society of Legal Advocates.

Assists individuals who have extremely complex cases, including terrorism, deportations and criminal matters.

Rated as one of the top one hundred lawyers in New York City practicing immigration law by The American Society of Legal Advocates.

Frequently cited and quoted on immigration issues by news outlets including ABC News, Fox, Reuters, CNN, Channel 11 NY, Daily News, New York Post, and Law360.com

Regularly publishes articles on immigration issues in newspapers and on the web.

Served as a member of Hillary Clinton’s finance committee.

Participates in interactive viewer sessions and has been a speaker at the prestigious National Press Club in Washington, DC.

Has testified in the New York State Senate on immigration matters.

Interviews

'If, like many, you are left confused or concerned about president Trump’s recent executive orders, you are not alone.' Attorney at Law Naresh M. Gehi, Esq.

Regards Trump's Executive Orders, Mr. Gehi presses that the order is constitutionally invalid and ultimately creates a strain on our political climate, reminding us that the Syrian nationals that are attempting to enter the U.S. are not themselves terrorists, but in fact, merely seek protection from those who are.

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