Conversation Between Rajiv S. Khanna And Kim Tignor (Executive Director - The Institute for Intellectual Property & Social Justice)

Published in the December 2022 issue of ALI CLE’s The Practical Lawyer

This article is part of the continuing series of interviews between Rajiv S. Khanna, principal of The Law Offices of Rajiv S. Khanna, PC, (www.Immigration.Com), and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.

Read more by clicking the pdf attachment.

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Immigration Law

USCIS Announces Online Filing for Affirmative Asylum Applications

Release Date 

WASHINGTON—U.S. Citizenship and Immigration Services announced today that Form I-589, Application for Asylum and for Withholding of Removal, is available to file online for certain affirmative asylum applicants. USCIS continues to accept the latest paper version of this form by mail.

7th year H-1B extension with pending PERM

Question details

My H-1B maxout date is Jan 2023. Perm process started in Sept 2021 (prevailing wages). FOr the 7th year extension of H-1B, is the PERM priority date (Aug 2022 for me) considered or the date for when the PWD and recruitment was initiated.

Video URL
FAQ Transcript

When you actually file the PERM application (August 2022) you become eligible for a one year extension in August 2023 between January and August. You would not have a status to work unless you have some recapture time left. Needless to say if your PERM gets approved and your I-140 gets approved you can immediately. 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Deportation when a permanent resident is involved in Shoplifting

Question details

My uncle has been a US Permanent Resident since Apr 2021, and recently he got into trouble with Shoplifting Theft (Misdemeanor B). The prosecutor is ready to lower the punishment to Misdemeanor class C theft along with 6 months of unsupervised deferred probation (fine of 99$) with NO CONVICTION. Also, after 2 years, he will have the option for the case to be expunged from the records.

Question: Will this create a legal problem with his current immigration status (LPR), and also, will he face issues after 4-5 years when he is ready to apply for his US citizenship considering the case has been expunged from the records?
 

Video URL
FAQ Transcript

These cases do not worry me much as it looks like a  minor offense. Although I recommend you speak with a lawyer who practices deportation defense in the state in which the crime occurred. They would know the local criminal statutes. Also remember expungement has no meaning under immigration law. Even if your record gets expunged and if there is ever a question as to your arrest you have to say yes, because the expungement under immigration law has no meaning.
 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.