Latest news with #AbhishaParikh
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Business Standard
2 days ago
- Business Standard
US visa doesn't guarantee entry: Minor red flags can led to deportation
Bags packed, passport in hand, flight tickets checked, and finally the visa in order... now you're all set to head to the United States. But here's what many travellers overlook: Holding a valid US visa doesn't guarantee entry. The real decision happens at the airport. According to the US Department of State, a visa simply allows a foreign national to travel to a US port of entry and request permission to enter the country. The final decision rests with Customs and Border Protection (CBP) offifcers at that entry point. 'They can deny entry even with a valid visa if they suspect the traveller is attempting to enter for unauthorised purposes, such as working without authorisation or staying longer than permitted,' the US government says. What the officer might check Once you land, CBP officers can ask about your travel plans, your visa category, and even check your digital footprint, including your social media activity. Abhisha Parikh, a US-based immigration lawyer, shared a post on social media explaining how minor digital traces can trigger suspicion. 'Let's say you said you're coming for vacation. But you've been browsing jobs on LinkedIn, or following US recruiters. That could raise red flags about your true intentions,' she said. If they suspect something's off According to Parikh, things can escalate quickly if the CBP officer isn't convinced by your responses. 'If the officer suspects you plan to: – Stay longer than allowed – Work without permission They can deny you entry — even with a valid visa,' Parikh said. She added that this situation is not rare. 'This happens. Often. People are turned away at the airport every day. It's stressful, frustrating — and sometimes permanent, depending on how the denial is handled.' Tips to avoid being sent back Parikh advises that travellers make sure their personal narrative aligns with the type of visa they've been issued. Her advice: < Know your visa type < Be consistent in your responses < Avoid sending mixed signals (especially online) 'Your visa is your ticket to try — but not your guarantee to enter,' she said. What the US government says The US government has also addressed these concerns in a publicly available FAQ. If you're unsure whether you might be admissible, they recommend getting professional help. 'Before you travel, if you have any concerns about your admissibility, you should seek legal counsel. CBP cannot provide legal advice to members of the public,' the US government says. What if you're denied entry? If found inadmissible at the port of entry, several outcomes are possible. One is being placed into removal proceedings. In some cases, the officer might allow you to withdraw your application for admission voluntarily. A finding of inadmissibility can also affect future entries—and might even lead to your visa being cancelled.
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Business Standard
21-07-2025
- Business
- Business Standard
60 days or less: H-1B Workers get deportation notices despite legal status
A growing number of H-1B visa holders in the United States are receiving deportation notices while still within their 60-day legal grace period following job loss, according to multiple immigration law firms. The issue was flagged by Dillon Colucci, a partner at Greenberg Traurig LLP, who wrote in a firm post that some individuals were being served Notices to Appear (NTAs) despite remaining in legal status. His concerns were echoed by attorneys at Reddy Neumann Brown, Murthy Law Firm, Chugh LLP, and others. 'Losing your H-1B job is stressful enough—but now some workers are receiving Notices to Appear (NTAs) even while they're still legally within their 60-day grace period,' said Abhisha Parikh, a US-based immigration lawyer, in a social media post. What's supposed to happen when an H-1B worker loses a job? When employment ends, H-1B workers are allowed to stay in the US for up to 60 days to: • Find a new job and transfer their H-1B • Switch to a different immigration status (such as B-2 visitor) • Leave the US voluntarily within the grace period During this time, they are legally present and not considered out of status. What's happening instead? Several H-1B visa holders are reportedly receiving NTAs even before the 60-day period ends. An NTA is a formal notice initiating deportation proceedings in immigration court. This contradicts US Citizenship and Immigration Services (USCIS) guidance, creates uncertainty for visa holders, and disrupts businesses relying on foreign talent. The development follows a February 28, 2025 policy memorandum from USCIS, which expanded the types of circumstances that may trigger an NTA. The memo, accessed by Business Standard, clarified that Form I-862 (the NTA) outlines allegations and charges against an individual and initiates removal proceedings under section 240 of the Immigration and Nationality Act. USCIS, ICE and CBP all have the authority to issue NTAs. Are rules being changed? While there has been no official change to the grace period rule, the regulation allows the Department of Homeland Security (DHS) to 'eliminate or shorten this 60-day period as a matter of discretion.' Colucci noted that, although this provision existed since 2016, its use was not widespread until recently. He added that USCIS may now be using this discretion more frequently, though this has not been formally acknowledged by the agency. Parikh questioned the move: 'This raises serious questions: Is this a new enforcement tactic or just administrative errors? Either way, it's putting skilled professionals at risk of deportation before they've done anything wrong.' Who is affected? NTAs are being issued in situations where individuals may technically no longer be in nonimmigrant status, even though they have pending applications such as: • Adjustment of status (Form I-485) • Change or extension of status • Employment authorisation (EAD) while waiting for green card processing In some cases, NTAs are issued because an employer notifies USCIS of termination, prompting the agency to consider the person out of status—even if an application is pending. Others may have filed change-of-status applications slightly late, which could also lead to an NTA. According to Murthy Law Firm, an NTA starts the legal process for deportation. It requires the individual to appear before an immigration judge, beginning with a procedural master calendar hearing that may be followed years later by a full hearing. If the individual leaves the US after receiving an NTA but before attending court, it may be considered a self-removal. This can trigger a re-entry ban for several years. Some may choose voluntary departure to avoid harsher penalties. What H-1B workers can do • Act quickly to find a new employer and file an H-1B transfer • Consider switching to another visa category, such as B-2 • Leave the US voluntarily before the grace period ends, if no other option is available If issued an NTA, individuals are advised to contact an immigration attorney immediately. Mistaken NTAs can sometimes be withdrawn or dismissed. 'The system is complicated, but staying informed is your best defence,' Parikh said. 'If you're on an H-1B visa, make sure you know your rights, act fast if you lose your job, and get legal help immediately if you receive an NTA during your grace period.'
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Business Standard
26-06-2025
- Business Standard
US green card for grandparents: How to get them legally through family
Can you sponsor your grandparents for a green card? Not directly—but there's still a path forward. 'If you're a US citizen, you can't file for your grandparents right away,' said Abhisha Parikh, a US-based immigration lawyer, in a recent social media post. But there is a workaround—through your parents. If you are a US citizen over the age of 21, you can sponsor your parents for a green card. Once they become US citizens, they can, in turn, sponsor your grandparents. 'Yes, it takes time—but it's possible,' said Parikh. Under US immigration law, only certain close relatives of US citizens qualify as 'immediate relatives' eligible for green cards without being subject to annual limits. These include: Spouse of a US citizen Unmarried child under 21 years of age of a US citizen Parent of a US citizen (if the citizen is at least 21) There's no provision for grandparents, aunts, uncles, nieces or nephews to directly qualify. However, a chain sponsorship route—where a US citizen sponsors their parent, and then that parent sponsors their own parent—is possible. It often takes years, depending on how quickly each person receives their green card and then US citizenship. In categories where annual visa caps apply—known as 'preference' categories—the wait can be long. In some cases, people may wait anywhere from 4 to 25 years, depending on the category and their country of origin. What about short-term visits? While a direct green card route doesn't exist, grandparents can visit the US using a B-2 visitor visa. B-2 visitor visa: What to know Purpose: Tourism, visiting family, short-term stays Validity: Typically issued for 5 or 10 years with multiple entry options Duration of stay: Each visit allows up to 6 months, which can be extended once Steps to apply for a B-2 US visa: 1. Fill out the DS-160 form online 2. Pay the MRV fee 3. Schedule an interview at the US Embassy or Consulate 4. Show ties to home country such as property, family, job or pension 5. Prove financial ability to cover the trip Applicants must convince the consular officer they will return home after the visit. Frequent or extended visits can attract scrutiny. There have been cases where officers flagged potential misuse of the visa and denied re-entry. No long-term visa via grandchild route There is no direct immigrant visa route for a grandparent based solely on their relationship to a US citizen grandchild. Alternative long-term options Family-based green card through the grandparent's child: A US citizen grandchild cannot sponsor a grandparent, but their parent—if they are a US citizen or permanent resident—can file a petition. Some elderly relatives visit frequently, but they must leave before the end of each authorised stay. Long stays or frequent trips can raise concerns at the port of entry. Reserved for exceptional circumstances like medical emergencies or care responsibilities. Not a standard or long-term option. Filing for a green card for parents Since parents are immediate relatives of a US citizen over 21, there's no annual cap or waiting list. This makes the process relatively faster than most family categories. If the parent is abroad: 1. File Form I-130 (Petition for Alien Relative) Filed by the US citizen Processing time: around 10 to 14 months 2. Consular processing(once I-130 is approved) National Visa Center (NVC) collects fees and documents Visa interview at a US Embassy or Consulate Takes around 4 to 8 months Total estimated timeline: 14 to 22 months If the parent is in the US (Adjustment of Status): A US citizen can file: Form I-130 Form I-485 (Adjustment of Status) concurrently, if the parent is in the US legally (e.g., on a B-2 visa) This route is faster and allows: Application for a work permit (EAD) Travel document (Advance Parole) during processing Estimated processing time: 14 to 18 months Important caveats as per USCIS: Parents must not have overstayed or entered unlawfully If processed outside the US, the green card is only issued after the visa interview and re-entry into the US.
Hindustan Times
18-06-2025
- Hindustan Times
Marrying for Green Card? Here's what USCIS warns could happen
The United States Citizenship and Immigration Services (USCIS) has hardened its crackdown on foreign nationals looking to gain fraudulent citizenship by marrying US citizens. Officials believe that this scam has now transformed into a full-scale industry and endangers the internal security of the country. Marriage green cards are considered the smoothest way to gain fast-track permanent residency in the US. In earlier years, any foreign national facing the risk of losing out on their legal status to be in the US could get a direct green card by marrying an American. After getting a marriage-based green card, three years of permanent residence in the country would grant them naturalization rights to become citizens. Although authentic marriages are permissible, the USCIS has doubled its efforts at recognizing those trying to gain illegal residence in the country through fraudulent nuptials. Marrying someone for money or immigration benefits, knowingly entering a fake marriage, and tricking someone into marriage using false pretenses all classify as instances of fraudulent marriage acts according to Herman Law Firm. USCIS has now revamped its efforts to separate what's fake from real by demanding intensive documentation and legal proof of the nuptials, starting with a marriage certificate. 'If you're out of status and apply for a marriage-based green card — or if you fall out of status while your case is pending — a denial could land you in deportation court,' said Abhisha Parikh, a US-based immigration lawyer, to Business Standard. 'This is a major shift.' The USCIS has an online portal where citizens can report their suspicions in regard to fake marriages for green card purposes. People can go as in-depth with proof while reporting a suspicion as they'd like, but the USCIS encourages them to give as many details as possible. A recent May 2025 case led to a 20-year-old Indian national, Aakash Prakash Makwana, pleading guilty to a count of entering into a fake marriage with a US citizen in exchange for money. Joint lease agreements, common bills, and bank accounts, trying to show the authenticity of the marriage, were proved to be fake in court. The risks for those engaging in marriage fraud have risen in recent years as the USCIS now prefers to refer certain cases directly to the immigration court, which increases the risk of deportation.
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Business Standard
17-06-2025
- Business Standard
Marrying for a green card? US crackdown could lead to deportation
Marriage for a green card can land you in big trouble! Marriage-based green cards might seem like a straightforward path to permanent residence in the United States, but getting it wrong — especially while out of status — could land you in deportation court. 'If you're out of status and apply for a marriage-based green card — or if you fall out of status while your case is pending — a denial could land you in deportation court,' said Abhisha Parikh, a US-based immigration lawyer. 'This is a major shift.' In the past, Parikh shared in a social media push, a denial often meant applicants could try again. 'Now, USCIS may refer your case directly to immigration court — putting you at risk of removal from the country,' she said. What counts as marriage fraud According to the Herman Law Firm, marriage fraud can take several forms, including: * Marrying someone for money or immigration benefits * Entering a fake marriage where both people know it's not real * Tricking someone into marriage under false pretences 'First, make sure you're not entering marriage to boycott the US immigration law, which is punishable by law,' the firm notes. Even in the most straightforward cases, USCIS will want proof that the marriage is real and legally valid — usually starting with a marriage certificate. But that's just the beginning. 'Every piece of information, every deadline, and every piece of evidence can make or break your case,' the firm adds. Legal experts caution against trying to handle this process alone. The Makwana case The risks are real — and they're growing. On May 28, 2025, 29-year-old Aakash Prakash Makwana, an Indian national, pleaded guilty to entering into a fake marriage with a US citizen in an effort to get a green card. Makwana arrived in the US on November 23, 2019, on a J-1 visa meant for temporary work in the hospitality sector. That visa expired on November 24, 2020, but he remained in the country unlawfully. By August 2021, he had agreed to pay $10,000 (around Rs 8.32 lakh) to a US citizen to marry him so he could apply for permanent residency. He was living in White Sulphur Springs, West Virginia, and working without authorisation. Makwana and his US citizen spouse married on September 3, 2021. To support his green card application, he faked documents showing they lived together. This included forging a lease agreement, adding her name to his utility bills and bank accounts, and even forging the property manager's signature — which resulted in an aggravated identity theft charge. The US Citizenship and Immigration Services (USCIS) warns against dishonesty in immigration applications. 'If you lie on your citizenship application, we will find out,' it said last month. USCIS has an online portal where people — usually US citizens — can report suspected marriage fraud. It allows anonymous tips, although the agency encourages people to share as much detail as possible, including names, dates, addresses, and any supporting evidence.
