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ImmIGRATION SEPTEMBER 17, 2021 | The Indian Eye 47

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thorized length of his stay. willing to depart the U.S. got exacerbated in their 214(b) should be amended U.S. It is important to en-
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In instances where at the end of their nonim- home countries. to remove the presumption act dual intent for all non-
the beneficiary does not migrant status in the event The project to carve out that every noncitizen is an immigrant visa categories
hold a dual intent nonim- that their adjustment of sta- dual intent in the INA for immigrant unless proven to remove needless contra-
migrant visa such as a TN tus application gets denied. H-1B, L, and V visa holders otherwise. The relevant dictions and complications
or H-1B1 and applies for Moreover, when non- is only half completed. En- concern to ensure compli- in U.S. immigration law.
AOS, they must wait long immigrants enter the U.S. shrining dual intent in the ance with a temporary visa
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months for their work au- in a B-2 visitor status, they law will ensure that noncit- should solely be focused on * Isabel Rajabzadeh is an
thorization to be processed are required to maintain an izens will not be denied a whether the noncitizen will Associate at Cyrus D. Me-
by the USCIS in order to intention to return home visa or admission if they are violate status by overstay- hta & Partners PLLC and
work. If they apply for an to a foreign residence, al- able to extend, change or ing or working in an unau- is admitted to practice law
extension of the underlying though Hosseinpour also adjust status legally. They thorized capacity, and not in New York.
nonimmigrant status while allows them to have a de- will also be able to main- whether they will pursue (This blog is for information
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the adjustment application sire immigrate to the US. tain nonimmigrant status other lawful visa options, purposes, and should not be
is pending, they will like- Thus, one who is the ben- while their adjustment ap- including adjustment of relied upon as a substitute for
ly receive push back from eficiary of an I-130 petition plications are pending. INA status, once they enter the legal advice).
the USCIS on the ground can still legitimately enter _________________________________________________________________________________________________
that the nonimmigrant visa the U.S. as a visitor if the Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing
status does not allow for objective is to process for Partner of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s
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dual intent notwithstand- the immigrant visa at the Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics
ing Matter of Hosseinpour. U.S. consulate. Further- Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
These nonimmigrants who more, one with a desire to Appellate Division, First Department, New York; member of the ABA Commission on Immigra-
face this sort of push back immigrate is also allowed tion; board member of Volunteers for Legal Services and board member of New York Immigration
from the USCIS when ex- to change one’s mind after Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration
tending their status should being admitted and apply
invoke the holding in Hos- for adjustment of status in Council and former chair of the Committee on Immigration and Nationality Law of the New
seinpour, which is still good the US. During Covid-19, York City Bar Association. He is a frequent speaker and writer on various immigration-related
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law, that they should be many nonimmigrants who issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where
entitled to the extension of came with the intention of he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith
nonimmigrant status even returning home decided to Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
if they have expressed an stay in the U.S. and apply Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation
intention to apply for per- for adjustment of status as in the immigration field. He has also received two AILA Presidential Commendations in 2010
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manent residence. Indeed, immediate relatives of U.S. and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by
as in Hosseinpour, these citizen spouses or children Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
nonimmigrants would be when the Covid situation Chambers Global 2019 in immigration law, among other rankings.

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