Mr. Gehi realized early on in his career that there was not enough publicly disseminated information available about visas and immigration issues. Immigration for Everyone offers an overview of the entire immigration process, and gives a clear and comprehensive guide to the basics of the immigrant and nonimmigrant visa categories available.
With more than 20 years of experience as an attorney Mr Gehi has assisted clients from every walk of life, from corporate consulting in connection with employment based immigration matters to professionals, non-professionals and students, to persons interested in adopting a child from abroad, or those seeking to sponsor a fiancé, spouse, or relative.
About the Author
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
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
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
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
Trump's Executive Order 285
About the Author 287
What People are Saying About This
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.
'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.