VIDEO – NASABA AND AHOA PRESENT VITAL INFO from NASABA TAX SECTION
NASABA TO HOLD NEW TAX WEBINAR ON WED. FEB 22, 2012 with co-sponsors AAHOA and AAPI
Topic: IRS VCSP Initiative for Employee/IC Misclassification Issues
Date: Wed 22 Feb 2012
Time: 2:00 pm ET/11:00 am PT
Speakers: John Tuzynski, IRS Asst. Commissioner SB/SE, Chief Employment Tax
Parag Patel, Patel Law Offices
Sadhna True, Dinsmore
MORE DETAILS TO FOLLOW – STAY TUNED
A LOOK AT CONVENTION 2012 IN PHILLY – IT ALL START HERE
CHECK OUT HIS VIDEO ON OUR HOST CITY FOR CONVENTION 2012 – SEE YOU THERE!
Tri-Valley University President Arrested, South Asian Students Still Facing Deportation
NASABA has been active in addressing the perceived injustice and legal issues surrounding TRI-Valley University (TVU) and the immigration status of many South Asian students adversely affected by TVU and its marketing and educational practices.
Over a thousand students who attended TVU are about to pay the price. The university enrolled 1,555 students, 95% of them from India, according to a recent report in the Huffington Post. Many adversely affected students and their families have poured their life savings into their education for a better future that they may never see realized.
The U.S. Department of Homeland Security (DHS) is moving towards NOT reinstating their student visa status and has not provided clear legal grounds or precedent for doing so as referenced in NASABA’s earlier commentary and position statements, available in previous postings on this website.
Those who wish to share their opinion on this issue may end a message to DHS by signing the petition in the following link. When you sign the petition, your message will be faxed free of charge to officials in Washington to demand justice and legal protection for TVU students.
http://signon.org/sign/tell-dhs-reinstate-former?source=c.url&r_by=330
Susan Xiao-Ping Su, Former President of Tri-Valley University, Arrested
http://www.huffingtonpost.com/2011/05/03/susan-xiao-ping-su-former_n_857097.html
Prosecutors say while she was president of Tri-Valley University, Susan Su, submitted fraudulent documents in support of applications to admit foreign students on student visas. Prosecutors say Su took in more than $3.2 million in the alleged scheme.
NASABA BULLETIN: Legal Options and Issues for Tri-Valley University Students – Immigration
NASABA BULLETIN Nov. 11, 2011
TVU STUDENTS – LEGAL OPTIONS AND ISSUES
Attention Former Tri-Valley University Students:
Many of you have filed for Reinstatement and have also received Notices of Intent to Deny (NOID). This Bulletin describes some of the legal issues related to a potential denial, answers some of your basic questions, and describes your options for regaining valid status in the United States. Please note that this bulletin is intended to be general and does not provide legal advice specific to your case as individual circumstances may vary. For further advice, please consult with an immigration attorney.
1. What are the consequences of a denied Reinstatement Application?
A Denied I-539 Reinstatement Application Starts the Clock on Unlawful Presence.
Unlawful presence is defined “as a period of presence in the United States after the expiration of the period of stay authorized by the Attorney General or presence in the United States without being admitted or paroled.” Unlawful presence did not accrue simply because you were enrolled at TVU and the institution closed. The government is taking the position that you fell out of lawful status as of the time when TVU was closed, and possibly even earlier because of potential violations of the visa requirements.However, to determine how long you have been “unlawfully present”, the government will look at the date of denial on your Reinstatement application and begin counting from that point onwards.
Why is this important?
Because it may prevent you from returning to the U.S. even if you qualify for an
employment or family visa. Once you have accumulated 180 days (6 months) or more of unlawful presence in the United States and you depart the U.S. you are prohibited from re-entering the U.S. for aperiod of 3 years. Once you have accumulated more than 365 days of unlawful presence in the UnitedStates, you become subject to a 10-yr bar on readmission to the United States. The only way to waive one of these bars would be to apply for a waiver at a U.S. Consulate in India.
To read more about the basic distinction between being out of status and unlawful presence, pleaseconsult the appendix at the end of this bulletin.
2. How else might you start accruing unlawful presence?
If you did not file a Reinstatement application but were placed in removal proceedings, unlawful presence will begin to accrue when the Immigration Judge makes a finding that you are out of status in the United States and are deportable. If you filed another application for immigration benefits, such as an H-4 change of status petition for example, a denial of this application would also trigger the accrual of unlawful presence.
3. Can an appeal, placement in removal proceedings, or taking voluntary departure stop the accrual of unlawful presence?
In short, none of these actions prevent the accrual of unlawful presence:
a. Filing an appeal does not stop the period of unlawful presence from accruing while the appeal
is pending.
b. Being in deportation proceedings or receiving an NTA does not stop the period of unlawful
presence from accruing while in deportation proceedings. However, if you did not file an
application (such as Reinstatement) then unlawful presence is calculated differently. If you
were simply placed in deportation proceedings then unlawful presence is counted after an
Immigration Judge issues a decision on your case.
c. Taking a voluntary departure and waiting for the allowable 120 days to depart does not stop
the period of unlawful presence from accruing
4. What happens if you withdraw your I-539 Reinstatement application?
Withdrawing your I-539 may be one way to stop a denial. However, you will need to seek to restore your status in order to remain in the U.S. Please note as well that since a withdrawal is a more informal process, there have been instances in which the immigration agency has failed to recognize a withdrawal of the I-539. Successfully withdrawing your I-539 prevents you from accruing unlawful presence based on a USCIS denial but you would still be out of status and it is essential that you take steps to either restore your status. Please see question 6 below for some guidance on steps you might take to restore status.
5. What are your other options for status in the United States?
First, you need to decide whether you want to respond to the RFE and/or NOID. If your application is denied or you choose not to respond or withdraw your application, you may be eligible for one of the following options instead:
a. Travel to Restore Status: Obtain a new initial I-20 form from your current university,
then leave the US and reenter with a new SEVIS number and I-94 card using a valid F-1
visa within 5 months of your exit. We do not know how those selecting this option will be
treated at the port of entry and whether you will be denied entry. It is recommended that
you consult with an attorney before taking this option.
b. Consular Process for a F-1 or H-4 visa or other non-immigrant visa such as H-1B:
Leave the US and try to consular process from abroad for a new F-1 or other status. We
do not know how individuals selecting this option will be treated at the consulate offices.
Persons who have an option for an H-4 should be able to consular process their H-4 as
long as they can show a bona fide marriage and the H-1B petitioner’s position can
overcome consular scrutiny.
c. Adjustment of Status: Adjust status through an immediate relative (ie spouse, parent,
adult child) who is a Permanent Resident or USC. If through a spouse, the marriage must
be bona fide.
Options such as employment-based permanent residency may be available to some individuals but would require detailed investigation by an immigration attorney and may require that you process abroad for your immigrant visa with a waiver application.
6. What are the consequences of taking Voluntary Departure?
If you are in removal proceedings and you take a pre-hearing Voluntary Departure (VD), the visa in your passport is considered invalid under INA §222(g) and you may not be able to return to the U.S. using that same visa in the future. This means that even if your visa is valid on its face, meaning that the visa has not expired, you have been admitted by another institution, and have a valid initial I-20, the government would deny you an entry to the United States based on this old visa.
If you take a Voluntary Departure, make sure that there is no fraud finding. Make sure that you leavebefore 180 days of unlawful presence has accrued if you have a denial on your I-539.
While VD may be the only and best option available to you, it is recommended that you speak to an attorney or legal services provider before taking such action simply because of the risk of a fraud findingand its corresponding consequences.
APPENDIX:
a. Out of Status vs Unlawful Presence
An F-1 visa is granted for “duration of status.” “Duration of status is defined as the time during which an F-1 student is pursuing a full course of study at an educational institution approved by the Service for attendance by foreign students, or engaging in authorized practical training following completion of studiesE” 8 CFR §214.2(f)(5). This means that as long as the student is pursuing a full course ofstudy at an accredited school they are in status.
In the case of TVU students, they are out of status as of the closure of the school. They may be
deemed to have been out of status though from the beginning of their enrollment because they never truly attended a full course of study within the meaning of 8 CFR §214.2(f)(6). That code section prohibits taking more than one class per session online or through distance education. According to the NOIDs that have been received, USCIS has taken the position that students were out of status from the date of their enrollment at TVU.
Being out of status or otherwise in violation of one’s status could be grounds for deportation. The good news though is that the foreign student is not subject to an immigration bar (which prevents them from returning for a period of time) simply by virtue of being out of status.
Status is a different concept than “Unlawful Presence.” Unlawful presence may subject a foreign
national to bars to admission. An F-1 student may only be found to be unlawfully present if deemed to be, either by the USCIS or an Immigration Judge.
If the I-539 Reinstatement is denied by USCIS then the date of the denial (not when it is received) starts the clock on Unlawful Presence.
Seeking reinstatement of the F-1 through USCIS as described above in paragraph 1(2) could actually lead to a determination by USCIS that the foreign student is unlawfully present. The same result could arise if the foreign student is before an Immigration Judge in deportation proceedings.
b. 3 and 10 year bars for Unlawful Presence
If unlawfully present in the U.S. for over 180 days but less than 1 year, the alien may be subject to a 3 year bar which may prevent you from returning.
180 days < ULP < 365 days 3 year bar
365 < ULP 10 year bar
These bars to admission kick in when you leave the U.S. As an example, if you leave the U.S. and want to come back in H-1B status or some other status, you will be subject to a 3 year bar if you have been unlawfully present for more than 180 days, or a 10 year bar if unlawfully present for more than 10 year. There may be a waiver available for these bars but you would need to consult with a reputable attorney to determine whether you are eligible.
To reiterate, being out of status does not subject you to a bar, but a denial of the I-539 officially marks you as being unlawfully present in the U.S.
NASABA, gets small firm as BIG sponsor as buzz grows around 2012 legal convention in Philadelphia.
FOR IMMEDIATE RELEASE October 31, 2011
NASABA, the North American South Asian Bar Association, received a new convention sponsor this week as the distinguished Philadelphia area plaintiff’s law firm of Kolsby, Gordon, Robin, Shore & Bezar signed on as a $25,000 sponsor.
Kolsby Gordon has been a leading national firm for more than 5 decades, winning multiple record setting verdicts for its injured clients. The firm’s leadership includes Partner Nadeem Bezar, a long time supporter of NASABA who has served the interests and development of the South Asian legal community both locally with the Philadelphia South Asian bar and on the Board of Directors of NASABA.
“We are thrilled to be the host city for this year’s NASABA convention in Philadelphia”, said Bezar. “We have supported NASABA for years in a variety of ways, and I felt it was time to step up and financially support NASABA as it continues to grow. This is good for Philadelphia, it’s good for NASABA and frankly, it’s good for my firm”.
The convention is expected to draw a national audience of over 500 attorneys over three days from June 28th to June 30th, 2012. During the convention attendees will enjoy various panel discussions lunches and networking programs culminating in a Gala dinner. “It All Starts Here” is the theme of the convention, alluding to Philadelphia’s deep historical and unique connection to the U.S. legal system and will be NASBA’s ninth annual convention.
Nadeem Bezar, Esq.
“The Eastern U.S. has a huge pool of legal and business talent”, said Bezar. “We have judges, elected officials, CEOs, a variety of distinguished speakers and many talented attorneys from a variety of practices including in-house counsel and partners at national firms. This is a solid business opportunity for those of us wishing to reach the business and legal community both inside and outside the heavily courted South Asian community and it made sense for us just as it did for the convention’s newest corporate sponsor, General Motors, a first time sponsor this year”.
NASABA’s sponsorship inquiries have been increasing as the ability to reach a large number of financially qualified decision makers on a variety of products and services becomes more widely understood in addition to being a voice and force for diversity. NASABA is currently supported by a variety of leading law firms, legal support services vendors and corporations.
For more information on Nadeem Bezar or the law firm of Kolsby Gordon, please see: http://www.kolsbygordon.com/
For info on NASABA see www.nasaba.com or contact Ike Devji, V.P. Public Relations for NASABA at publicrelations@nasaba.com (602) 808-5540
NASABA ANNOUNCES DATES AND VENUE FOR 2012 CONVENTION IN PHILADELPHIA
DRAWS HEAVY LAWYER and LAW FIRM INTEREST AND NEW SPONSORS
10-24-2011, PHILADELHPHIA, PA.
NASABA announces the official dates and venue for the 2012 national convention.
The convention will run Thursday, June 28, 2012 through Sunday, July 1, 2012 and will take place at the Marriott Downtown Philadelphia, located at 1201 Market Street. More information on the hotel can be found here: http://www.marriott.com/hotels/travel/phldt-philadelphia-marriott-downtown/
NASABA members and leadership are excited about the venue moving back to the East Coast after the successful 2011 convention in Los Angeles earlier this summer that drew a national roster of speakers and attendees from a wide variety of practice backgrounds.
The East Coast of the United States has a significant concentration of South Asian professionals at a high level of achievement and NASABA leadership and 2012 Convention V.P. Mr. Nadeem Bezar is already fielding significant interest from both old and new sponsors like General Motors, which will be a NASABA convention sponsor for the first time this year.
Mr. Nadeem Bezar, V.P. NASABA 2012 Convention
“We greatly appreciate the interest of General Motors as one of our newest sponsors and look forward to exposing NASABA members and friends to Philadelphia”, said Bezar, a Philadelphia area attorney and a partner at the plaintiff’s law firm of Kolsby, Gordon, Robin, Shore & Bezar. “Our city is rich in culture, history, food and activities and we are looking forward to sharing that rich tradition with our guests. This year’s theme, It All Starts Here, couldn’t be any more appropriate given Philadelphia’s historical context in American law and the foundation of this country. Likewise, we look forward to sharing the many learning and networking opportunities the NASABA convention presents with the city of Philadelphia and the legal and business community in general”.
A wide variety of opportunities to interact with NASABA, its members and their firms will be presented next summer. For more information on the convention and how you or your business can benefit from it please contact Mr. Bezar at (215) 851-9700 or nbezar@kolsbygordon.com
FOR MORE INORMATION PLEASE CONTACT:
NASABA V.P. PUBLIC RELATIONS, IKE DEVJI, J.D.
(602) 808-5540 PUBLICRELATIONS@NASABA.COM
www.nasaba.com
NASABA LEADERSHIP RETREAT IN LAS VEGAS A SUCCESS, DRAWS NATIONAL ATTENDEES AND STRENGTHENS TIES WITH WHITE HOUSE
From Right, NASABA President Jolsna John, Keynote Speaker Chris Lu, and NASABA President Elect, Emilie Ninan
October 19, 2011, LAS VEGAS, NEVADA
NASABA (North American South Asian Bar Association) held its annual Leadership Retreat in Las Vegas this weekend as NASABA Board members and Chapter Presidents attended from across the United States including members from California, Illinois, Philadelphia, Arizona, Delaware and Georgia among others.
The NASABA event Began Friday evening when guests shuttled from the Cosmopolitan Hotel to the offices of Ballard Spahr, LLP a long-time supporter of NASABA and promoter of excellence and diversity in the legal profession. Ballard Spahr Partners and Associates mixed with NASABA executive leadership at a cocktail reception hosted and catered by the firm as they watched the lights on the Strip. Also in attendance were various members of the President’s Advisory Commission on Asian Americans and Pacific Islanders who shared ideas for advancing the goals and interests of the community and the profession at large in these challenging economic times.
In attendance from the White House were various members of the Advisory Commission as well as keynote speaker Assistant to the President and Cabinet Secretary for the United States Chris Lu, Daphne Kwok, Chairperson of the President’s Advisory Commission on Asian Americans and Pacific Islanders and Toby Chaudhuri, Strategic Communications, White House initiatives. NASABA President Jolsna John welcomed and introduced Mr. Lu and presented him with a small token of thanks from NASABA before he spoke on the continued need for leadership and concerted effort in the community, identifying several specific areas of concern where greater joint effort and attention is required.
Saturday morning arrived early as NASABA executive leadership and board members spent the day in meetings with many attending from out of state electronically. The day’s meetings were hosted by the law firm of Greenberg Traurig, another long time and generous NASABA supporter who donated a large amount of conference room space, computer and telephone access to facilitate NASABA’s national membership and communications needs.
Among the issues addressed were budgets, NASABAS forthcoming new website which will be a massive social networking, search and professional development tool for NASABA members and those who need the well qualified help available from NASABA’s six thousand plus attorneys, social and legal issues and the approval of NASABA’s new Judicial Endorsement platform that will allow greater efficiency and confidentiality in NASABA officially endorsing candidates for the Judiciary from both inside and outside the South Asian diaspora.
The last official event of the Conference was a NASABA hosted dinner at one the Las Vegas Strip’s best Indian restaurants, Origin India, which was well attended and well received by all. NASABA leadership departed Sunday with plans, new friends and connections and new assignments to help prepare for the NASABA annual convention to be held in the summer of 2012 in Philadelphia. Sponsors such as General Motors and both regional and national law firms are already on board as sponsors, looking forward to supporting the efforts of NASABA and to exposing themselves to NASABA’s well qualified general membership.
FOR MORE INFORMATION PLEASE CONTACT:
NASABA V.P. PUBLIC RELATIONS IKE DEVJI, J.D.
EMAIL: PULICRELATIONS@NASABA.COM (602) 808-5540
And Visit www.NASABA.COM
WHAT IS NASABA?
NASABA, the North American South Asian Bar Association, serves as the umbrella organization for twenty-seven (27) regional South Asian bar associations throughout the United States and Canada. Together this group represents a growing national community of over 6,000 attorneys and law students making significant contributions in public service, private practice, business and academia.
NASABA attorneys provide skilled legal representation in a wide variety of practice areas including public service, litigation, labor and employment law, asset protection, immigration, intellectual property, advanced tax and estate planning, environmental law, real estate, bankruptcy, health care, criminal law, education and business law to name just a few.
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