Guestbook Entry for Uma Swamy, United States
Name
Uma Swamy
Country
United States
State
CA
Search
Guestbook Entry for Suresh Joshi , United States
Name
Suresh Joshi
Country
United States
State
VA
Comment
I and my family received our GC stamping on June 25th,2001. I started the whole process in Oct 1998 with Rajiv Khanna as my attorney. He is a lawyer of great standing and has helped me at every point in the whole process. I must mention here that the paperwork done under his guidance has been perfect and I had no RFE's except at the last stage for an employment letter. This substantially reduces the total time of this lengthy process. I am specifically mentioning this because I have seen some of my friends stuck for years in the process because of careless paperwork. Also I had some problem regarding the evaluation of my education and Rajiv's correct strategy helped me and I could come out of the problem. I found the staff in his office in general and with a special mention of Suman Bhasin, Laila Lehman, Shivani Sharma and Diane Lombardo, very co-operative. Thanks to Rajiv and his staff.
Guestbook Entry for Chandra K, United States
Name
Chandra K
Country
United States
State
Texas
Comment
Hi Folks, I am extremly happy to inform you that I got my Green Card process completed in a record time of one year. I am just back from India after finishing the CP Interview in Chennai successfully. Mr. Rajiv , Ms. Fidelina Baptista and all his staff Suman Bhasin, Amel Berhe, Leila Lehman, Nimia were very helpful in the entire process. Needless to mention that Mr. Rajive is very good in handling EB2 cases. They did a great job in getting my labour and I-140 approvals and also cooperated very well in my persuit through CP instead of the regular I-485. During my I-140 stage, when I called and asked Mr. Rajiv that I want to opt for CP, he immediately agreed and accepted the challenge though it was not very popular at that time. I am extremly thankful to the entire Law office of Mr. Khanna without which I would not have got my Green Card so fast. I definitely recommend the services of Mr. Khanna who are looking for a good and efficient lawyer. Good Luck to all, Chandra.
Guestbook Entry for Chandra K, United States
Name
Chandra K
Country
United States
State
Texas
Comment
Hi Folks, I am extremly happy to inform you that I got my Green Card process completed in a record time of one year. I am just back from India after finishing the CP Interview in Chennai successfully. Mr. Rajiv , Ms. Fidelina Baptista and all his staff Suman Bhasin, Amel Berhe, Leila Lehman, Nimia were very helpful in the entire process. Needless to mention that Mr. Rajive is very good in handling EB2 cases. They did a great job in getting my labour and I-140 approvals and also cooperated very well in my persuit through CP instead of the regular I-485. During my I-140 stage, when I called and asked Mr. Rajiv that I want to opt for CP, he immediately agreed and accepted the challenge though it was not very popular at that time. I am extremly thankful to the entire Law office of Mr. Khanna without which I would not have got my Green Card so fast. I definitely recommend the services of Mr. Khanna who are looking for a good and efficient lawyer. Good Luck to all, Chandra.
Guestbook Entry for lusina satapathy, United States
Name
lusina satapathy
Country
United States
State
NJ
Comment
I found Mr Khanna's office as very professional and prompt.
Guestbook Entry for Sunil Kathakkal, United States
Name
Sunil Kathakkal
Country
United States
State
NJ
Comment
Mr. Khanna and staff were very prompt in responding to questions. Mr. Vijay & Ms. Nimia took special care in scrutinizing the papers and always went out of their way to get my papers processed in time.
Guestbook Entry for Ashutosh Sharma, United States
Name
Ashutosh Sharma
Country
United States
State
GA
Comment
I and my wife recently received our 485 approval notices in the mail. PD: August 21st, 1998 I-485 RD: August 5, 1999 FP: November 30, 1999 I-485 approval: February 28, 2000 Mr. Rajiv Khanna and his office helped us throughtout this process and provided expert guidance and timely advice whenever we needed such. Mr. Khanna was available at very short notice to answer any question and put us at ease many times throughtout this process. He is very much informed about the latest happenings in the field and uses this and his experience to perform the best possible service. I have been thoroughly satisfied with his office and commend their professionalism and honest approach of doing things. We would like to thank Suman Bhasin, Diane Lombardo, Leila Lehman, Fidelina Batista, Nimia Aranibar and Amel Barhe for their professionalism and hard work in getting us through this process. This would not have been possible without their help and support. Finally I would like to add that for anyone looking for a hard working, accessible, knowledgeable and trustworthy immigration lawyer, Rajiv Khanna and his office are a sure thing!
Guestbook Entry for Rahul Vyas, United States
Name
Rahul Vyas
Country
United States
State
NC
Comment
I just got the I-485 approval yesterday in the mail and Rajiv informed me about it through an email. I am writing this feedback to let people know of excellent and extremely professional job done by the law offices of Rajiv S. Khanna. (all dates given below.) Rajiv used the RIR process for my labor certification, getting the LCA in a very quick 3 months time period. I had to wait for my PD to become current to file the I-485. My dates. PD 7/97 RD 4/4/99 ND 4/22/99 FP 8/20/99 FBI processed it on 9/23/99 and approval 02/29/00 Thanks a lot to Rajiv and his associates. I am all praise for them. will gladly refer them to you anytime. Rahul Vyas.
I'm lucky to be alive
On Thursday around 7:15AM, when I was two blocks away from immigration office in Atlanta for my Naturalization interview, I had a car accident. A black Suburban hit my car and ran away, my car spun out about 5 times, air bags were deployed, but thanks God I didn't suffer any physical damage. My Interview had been scheduled for 8:20AM
Citizenship and Naturalization
Post Naturalization Interview
I filed my N400 on 25 oct 2011 when completed 4years 9 months of my Legal residency. FP was done on 14 Nov2011. Naturalization interview was on 21 Dec 2011 at San Jose . The officer was extremely nice and cordial. I had an issue of 182 days in one trip and total 846 days away from USA, total 6trips. As advised by Rajiv, I enclosed a letter with N400 about visiting India to see my aged mother yearly who passed away this year and explained the over stay due to my younger brother daughter's marriage as Host after my father's death.
Citizenship and Naturalization
DHS Announces Privacy Principles For Beyond The Border
Release Date: June 28, 2012
For Immediate Release
DHS Office of Public Affairs; Contact: 202-282-8010
DOJ Office of Public Affairs; Contact: 202-514-2007
USCIS Fact Sheet on Benefits of ELIS System
U.S. Citizenship and Immigration Services (USCIS) is moving from a paper-based model to a secure, online environment. On May 22, we launched the foundational release of our new system, named the USCIS Electronic Immigration System (USCIS ELIS).
The Benefits
USCIS ELIS is a streamlined online account-based system that enhances customer service and the quality of our processes by enabling USCIS to access all relevant information about a customer. These improvements result in more complete, accurate and timely responses to customer requests.
DOS Special Advisor for Guatemala Adoptions Cases
Media Note
Office of the Spokesperson
Washington, DC
July 2, 2012
Special Advisor for Children’s Issues Ambassador Susan Jacobs is visiting Guatemala from July 1-3 as part of a Congressional Delegation led by Senator Mary Landrieu. The delegation, which includes officials from the United States Citizenship and Immigration Services (USCIS), is meeting with Guatemalan officials to discuss progress in resolving the remaining intercountry adoption transition cases.
Citizenship and Immigration Services Ombudsman 2012 Annual Report
On June 25, 2012, Acting Ombudsman Debra Rogers submitted the 2012 Citizenship and Immigration Services Ombudsman's Annual Report to Congress.
In her opening message, Acting Ombudsman Rogers writes:
The USCIS Electronic Immigration System’s(ELIS) First 1,000 Cases
Posted by Alejandro Mayorkas, Director, U.S.
USCIS Unable to Resume Processing Adoptions from Montenegro
On July 1, 2012, Montenegro became a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). However, the Department of State (DOS) has determined that Montenegro does not yet have a fully functional Convention process in place. DOS consular officers are unable to certify that adoption decrees or custody orders obtained in Montenegro for a child habitually resident in Montenegro have been issued in compliance with the Hague Adoption Convention. Without this certification, U.S.
USCIS Releases Questions and Answers on EB-5 Economic Methodologies
On June 22, 2012, USCIS hosted a public engagement featuring two economists who work on the EB-5 Immigrant Investor program. Following that engagement, some stakeholders sought clarification as to certain points raised by the economists. USCIS is now pleased to provide clarification as to two of the primary questions raised.
EB-5 Projects Involving Hotel or Resort Development
Guestbook Entry for Rokhsareh Mohseni , United States
Name
Rokhsareh Mohseni
Country
United States
State
NC
Comment
I can truly say Mr. Khanna is the best immigration lawyer. Our office has worked with Mr. Khanna and his team for years. They are always available to answer any questions and very helpful with the amount of information and assistance they provide. Thanks to Rajiv, Art, Anna and Judi we have a 100% approval rate so far.
U.S. College Students Can Apply Now for Virtual Student Foreign Service eInternships
Media Note
Office of the Spokesperson
Washington, DC
July 3, 2012
DOS Expands Interview Waiver Eligibility For Mexican Non-Immigrant Visa Applicants
Mexico City, June 29, 2012 – Following President Obama’s efforts to promote travel and tourism as important contributions to job creation and economic growth, the U.S. Embassy is pleased to announce that beginning July 1, 2012, an expanded visa renewal program will allow many more Mexican citizens and residents to renew their nonimmigrant visas without a follow-on interview at the Embassy or a U.S. Consulate.
Visa denial based upon immigrant intent, Section 214(b) of Immigration and Nationality Act
Nonimmigrant Visas
Immigration Law
Substantial transcription for video
Substantial transcription:
7th July 2012 at 05:16 PM
9.59 Minutes
What do we do when our visa gets denied under section 214(b) of the Immigration and Nationality Act? Basically, this means that if the consulate doesn’t believe you are going to come back, they deny the visa, saying that you have an immigrant intent which you have not been able to rebut. So the idea is whenever somebody goes for a visa stamping, they actually are presumed to have immigrant intent unless they prove otherwise. Of all the visas A, B, C, D, E, F, G, H all the way to V, some visas are immune to this problem.
What are the visas that are immune?
H-1 as well as H-4, L-1 as well as L-2, and O-1 and O-1 derivative visas are immune by law almost. H and L are clearly immune by law and O by implication. With these visas, if you have a green card going, the consulate is not going to deny your visa for that reason.
On the other hand, there are notorious visas that are very susceptible to this problem:
B-1, B-2, F-1 as well as F-2 (which are for students), and J-1 as well as J-2 are susceptible. A lot of physicians on J-1’s have had a visa denial on 214(b).
TN visa holders strictly not going for visa stamping but can be stopped at the border if their green card has been filed. So bear in mind that when TN holders apply for a green card, they should be careful about this particular factor.
The biggest problem with 214(b) is it is extremely difficult to fight it. I have recently taken a case in which an F visa was denied on 214(b), and I think we have a fighting chance because the visa applicant has come to the U.S. many times and she has left within her time permitted. So she’s been a frequent traveler on a B visa. Her F visa denial is extremely unjustified, in my opinion.
Let me just very quickly go through the visa alphabets.
A visa (diplomats) will have no problem. They have no issues of a green card being denied.
B visa will have a problem.
C, D, and E visas will usually not have a problem.
The only thing you have to establish for E-3, especially for Australians (E-3 is kind of equivalent of H-1), is that you do have an intention to come back but not to the same degree. In other words, if you have a home in Australia, the degree of proof is not very high so it is very easy to meet that degree of proof.
G visa is ok.
H visa is ok.
By the way, H-2B visas can have a major problem with immigrant intent. These are people who are coming to U.S. for to perform skilled labor.
I, which is international journalists/media representatives, may or may not be ok.
J visa will definitely be a problem.
K -1 and K-3 are no problem because they are fiancés or spouses of U.S. citizens and are obviously meant to go into green card.
L visa is no problem.
M, which is folks who are doing vocational training, can have this problem.
P visa (performers, athletes, etc.) can have a problem but usually won’t.
Q visa (exchange visitors) can have a problem.
R visa usually won’t.
S, T, and U visas won’t usually have a problem because they are done within the USA and are usually either victims of crime or people who are assisting in criminal investigations.
So what do you do if you get a 214(b) denial?
Normally there isn’t much we can do but, if you have been to USA before or else there is something unique in your case, we can ask the consulate to reconsider and if they are not willing and able, then we can ask the visa office in Washington, D.C. to intervene. You can also contact your family or employer in the U.S. to contact the local Congressmen to seek their intervention. This typically is not helpful but you can try. If anybody from the bar or a lawyer tells you he or she can fix it, be mindful because they may not be able to. Especially be careful when you talk with lawyers in your own country. This makes me very nervous because we have had some cases where local lawyers in other countries did some strange stuff. They had some hook ups with consulates and ultimately got caught.
The biggest problem is with fraud or misrepresentation. If you make a misrepresentation in attempting to get any immigration benefit, you can be barred from entering USA forever.
Going back to 214(b) denials, you can ask the consulate to reconsider. Reapply if you have a case that begs for a special consideration, like you’ve been to the U.S. many times. For example, one of my friends asked me that, if his girlfriend is refused a B visa, is it okay to bring the lady in on a K-1 (fiancé visa)? My take is do not use the fiancé visa in lieu of B-1 or B-2 visa, because if you do not have the intention to get married, the government can consider it to be fraud. So make sure you want to get married within 90 days after they enter the U.S.
One more point -- there is a legal fiction created in U.S. immigration law about ties to your home country that says you can overcome 214(b) denial if you have ties to your home country. That in my mind is a legal fiction. To demonstrate ties is very difficult. Of course, if you have family in your home country, that’s a good example of ties but to say you have property, but property can be sold, so I don’t think that’s really ties. Having business is also not really a tie as a business can be sold. Hence demonstrating ties to your home country is usually a difficult thing to do.
This issue has come up several times recently. Feel free to ask me specific questions on the website, in a forum, or on a community conference call.
N-400 Timeline
My interview took literally 15 mins. He checked if I was at the same residence, checked if I was working for the same company, went thru my application, asked if I wanted a name change (I said 'no"), asked to see my passport, license, green card, gave me 10 US history questions which I need to write the answers to (got them all correct), asked to write out my name on top of my two photographs and then gave a form that had "Congratulations you have been approved for citizenship...blah blah blah" box checked off. That is it.
Citizenship and Naturalization
N-400 VA /Arlington (Details)
No idea as to why it took so long. Nothing unusual about my application (no name changes). I reported one traffic ticket, included a copy of the court disposition ($50 fine for running a red light).
My wife and I received our GC within 28 months for the whole process with Rajiv S. Khanna as our attorney. Rajiv is an expert on Immigration Laws and is straight up and abreast of rules & regulations and is strict about the law and stays strictly as defensive. He helped us at every point in the whole process. We never get any problem or incompletion about the paperwork done under his guidance, which has been perfect. Perfect paperwork reduces the total time of this lengthy process. We are greatly thankful to Diane Lombardo, who is always available and is happy to responds calmly and peacefully. Also many, many thanks to Leila, Suman, Lakshmi, Shivani and other staff members who are very co-operative and would return calls & e-mails promptly. In short Rajiv and his staff made the whole process very easy, simple and painless. We are really glad that we chose this Law firm. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC. Many of my friends and employees of our company went through Rajiv and all of them are also happy like me. We are thankful to Rajiv and his staff.