Rajiv's Comments in the News - Trump's New Immigration Policy: 1 Million Indians in Green Card Backlog Face Citizenship Crisis

Published by: The Vocal News - Nov 06, 2024
https://thevocalnews.com/world/trump-immigration-policy-green-card-back…

Quotes and Excerpts from Rajiv in the article:

It will run into the 14th Amendment of the U.S. Constitution which grants citizenship to all children born on U.S. soil. This has been interpreted by the Supreme Court and legal challenges will certainly come," said Rajiv S. Khanna, immigration attorney, Times of India.

Rajiv's Comments in the News - Bad news for 10 lakh Indians as Donald Trump set to curtail...

Published by: MSN news: Nov 06, 2024
https://tinyurl.com/y9hzh8v9

Quotes and Excerpts from Rajiv in the article:

Talking exclusively to the Times of India, Rajiv S. Khanna, immigration attorney said, "The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump's misinterpretation. "

Rajiv's Comments in the News -Donald Trump’s birthright citizenship move may affect 1.6 million Indian-Americans

Published by: News9 Live: Nov 06, 2024
https://tinyurl.com/ymfkj4xy

Quotes and Excerpts from Rajiv in the article:

Immigration advocates argue that this plan directly violates the 14th Amendment and is likely to face legal challenges. Rajiv S. Khanna believes the order is a misinterpretation of the Constitution and will be overturned in court, The Times of India reported.

Rajiv's Comments in the News - No more automatic citizenship for children in US? What Trump's victory could mean for Indians queuing for green card

Published by: The Economic Times: Nov 06, 2024
https://tinyurl.com/r5t6dtmk

Quotes and Excerpts from Rajiv in the article:

What does the order mean?
“The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump’s misinterpretation," Rajiv S. Khanna, immigration attorney told TOI.

USCIS - Forms N-648 and I-407 Updated

USCIS recently updated the following forms:

Form N-648, Medical Certification for Disability Exceptions

09/25/2024 12:11 PM EDT

Edition Date: 09/25/24. Starting Jan. 6, 2025, USCIS will accept only the 09/25/24 edition. Until then, you can also use the 08/19/22 edition. You can find the edition date at the bottom of the page on the form and instructions.

Form I-407, Record of Abandonment of Lawful Permanent Resident Status

09/25/2024 10:40 AM EDT

Rising NIW rejection rates: Examining changes in eligibility criteria

Question details

Why rejection rate of NIWs is increasing? Is there any change in eligibility criteria, etc.?

 

Video URL
FAQ Transcript

The USCIS is currently focusing on two main aspects when evaluating NIW petitions:

  1. National Importance of Your Work:

They want to see how your specific work benefits the entire country, not just your immediate sphere of influence.

Example: For a neurosurgeon, saving lives locally isn't enough; they want to see a broader national impact.

  1. Comparative Contribution:

USCIS is looking at how your work stands out from others in your field.

They want to see that your contribution is not just significant but also distinguishable from your peers' work.

These two factors are currently the primary focus in NIW evaluations, leading to higher rejection rates for petitions that don't adequately address these specific points.

 

Maintaining LPR status (Green Card) during extended absences for employment

Question details

I have a family-based green card. For my job, I need to travel outside of the US for 150-160 days (3 days per week for the entire year). I am worried that I may lose my green card. What shall I do to retain my green card and still maintain this schedule of travel for my job?

Video URL
FAQ Transcript

To maintain your green card during extended absences:

  • Brief trips under 6 months are generally fine. 
  • For longer absences Apply for a re-entry permit, allowing travel for up to 2 years.Consider filing  Form N-470 to preserve continuous residence for naturalization.
  • Avoid absences of 6 months or more; return within 6 months each time.
  • Maintain strong ties to the U.S. (family, home, job) to demonstrate intent to reside permanently.
  • If travels are work-related and you have significant U.S. ties, your green card status is less likely to be at risk.
  • Absences of one year or more can lead to loss of green card status without proper documentation.