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Immigration Law on Vsam1040 Chicago LLC

Tom:

Hi, Mike and Alen, how are you today?

Alen Takhsh:

Very, very good. Thank you so much.

Mike Agruss:

Yeah, doing well. How are you?

Tom:

Good, good. Thanks for joining our show today. Especially, talking on the very interesting topic that our viewers really want to know, which is immigration.

Alen Takhsh:

Yeah. Thank you so much for having me. Look forward to the conversation.

Tom:

Absolutely. First of all, can you introduce a little bit about yourself to our viewers?

Alen Takhsh:

Sure. My name is Alen Takhsh, I am an immigration attorney. I’ve been practicing law for about 14 years, and I’m the principal attorney of Takhsh Law PC, which is a law firm located in Evanston, Illinois. We handle all sorts of immigration cases. I, myself come from an immigrant family, and Mike and I were talking before the show and I told him that when I meet with a client and when I say I understand I mean it. I literally understand. I have walked your path. So it gives me a little bit of a unique perspective into each case.

Tom:

Absolutely. [foreign language 00:01:09].

Mike Agruss:

So, before I dive into my first question. I think it’d be really interesting if you could share your story with the viewers. I remember when I first spoke with you on the phone, I thought it was fascinating and I’m sure Tom would like to hear it to show.

Alen Takhsh:

Sure, and I appreciate the question. My journey to the United States began in Iran. I was born in Iran. I lived through the Iran-Iraq war, which waged in the early 80’s. I come from a small Christian minority group in Iran. So, life was difficult. After the war especially, my life as an immigrant began because we sought refuge or protection in Germany. Then we immigrated to Germany. We were there for three years, and that in and of itself had a lot of trials and tribulations, a lot of ups and downs.

After three years, we were very fortunate to have our paperwork be approved, and we were able to immigrate to the United States. That was back in 1992. I have called the United States ever since then, my home. I became a U.S. Citizen in 1999, which was a very, very special day because of all of the sacrifices that my father and my mother had made in order to allow the family to have a fresh start and a good future.

I’ll say this, people ask me, “How did you get into immigration law?” I always tell them, you often meet your destiny on the road you take to avoid it. I avoided immigration law. I didn’t want to have anything to do with it, but the universe had other plans for me. So here we are, immigration lawyer, with two fine gentlemen talking about immigration law.

Tom:

All right. Thank you. [foreign language 00:04:01].

Mike Agruss:

So, let’s dive into some immigration questions. I’m sure your story is fascinating, and I feel like we could have the whole show on your story. But, for the viewers who want to learn a little bit about call it, immigration one-on-one. I’ve learned just from talking to you and our relationship over the last couple of months, that immigration runs a big spectrum of types of cases. For the viewers, can you share the types of cases that you handle in immigration, and then also cases where you don’t necessarily handle and maybe you refer those out to other people?

Alen Takhsh:

Sure. So, as you pointed out, immigration law is a very large area of law. There are many ways in which people can immigrate to the United States. The vast majority of the cases we handle are family-based. About 30% of our cases are removal proceedings, or defending somebody who is in removal proceedings. Then about 20% of our cases, 25%, are investment-based and employment-based cases.

So we are very fortunate because we handle a lot of different cases, but the ones we normally don’t handle are for example, somebody who wants to apply for a visitor visa, or apply for a student visa. Why is that? Because the system is so streamlined that a lawyer, in my opinion, doesn’t add a lot of value. For example, a visitor visa, is very simple to apply for. I’m not a fan of charging someone money where they can do it themselves. Only when complications arise in those types of cases is when I get involved. So family-based, employment-based, investment-based, and removal proceedings are the vast majority of our cases.

Tom:

[foreign language 00:06:46].

So, let’s dive a little bit into the basic terms within the immigration domain. So what does immigration status mean, and how do you maintain it?

Alen Takhsh:

Sure. In my world, we tend to divide visas, generally speaking, into two worlds, immigrant visas and non-immigrant visas. When we refer to immigrant visas are those that lead to a green card, and non-immigrant visas are those where you’re able to maintain your status. Meaning be lawfully present in the United States, but they do not initially lead to a green card. So, how do you maintain status? That’s a $1 million question, right? How do you maintain your status?

You have to pay attention, you have to know what the rules and regulations are, and you have to have a counselor by your side who can tell you the do’s and don’ts. Because, as an example, if you’re here on a student visa and you’re studying at a university, but you decide to make extra cash by driving Uber. Guess what? You’ve now violated your student visa. Just because you wanted to make a little bit of extra cash to take your girlfriend out to the movies. You’re not a bad guy, but you didn’t know your rights and obligations. So, really important to pay attention and to understand and to ask questions.

Tom:

Right. [foreign language 00:10:17].

Mike Agruss:

While we were talking about visas, can you tell us what is a U.S. visa, and how is that different than a passport?

Alen Takhsh:

That’s a really good question. So when we talk about passports, we’re talking about a document that allows you to travel internationally. Without a passport, you are generally speaking, not allowed to travel internationally. But what a visa does, is it allows you to actually gain entry into a particular country. In the case of the United States, it’s wonderful that you have a Vietnamese passport, but in addition to that, you need to have a visa. Really important point to keep in mind, that just because you have a passport and a visa doesn’t mean that your entry into the United States is guaranteed.

What happens is that once you enter O’Hare airport, there are customs and border protection officers who look at your passport, they look at your visa, and then they ask you some questions. Because, even though your feet are on U.S. soil, you’re actually not in the United States until the CBP officer has admitted you into the country, right?

So, a lot of people at O’Hare airport, sometimes they get sent to secondary inspection and their family calls me. They say, “Please help my family member. They are at secondary inspection.” Most of the time we are not able to help them because technically, they’re not in the United States. They’re not afforded the regular rights that a citizen or even non-citizen in the United States would be afforded, because they’re not in the United States. That opens a whole other window that we need to talk about. But generally speaking, passport, international travel visa, gaining entry.

Mike Agruss:

Just to follow up, what would trigger someone going into secondary inspection?

Alen Takhsh:

These are really good questions, guys. This is good stuff.

Mike Agruss:

Did you think this was going to be easy? We were asking good and tough questions, right?

Alen Takhsh:

No, this is good stuff. I like it. I like it a lot. As an example, one reason somebody might be sent to secondary inspection is if they have, for example, applied for a student visa, they have told the U.S. government that they’d like to come and matriculate at a university here. However, something about them makes them suspicious. So the CBP officer asks to see their phone, asks to see their emails, asks to see their text messages. The officer sees that, let’s call her Lisa. Lisa is saying to Michael, “Michael, I cannot wait to come and marry you. I love you so much.” Guess what? Now we have a problem. Because student visa, you’re supposed to go study. You’re not supposed to come and get married to Michael. That’s one reason. I’m simplifying it, it’s a lot more complicated, but that’s one example.

Tom:

[foreign language 00:14:46].

So, we talked about your example of visa and Michael, getting married. One of them is a foreign citizen. So let’s say if someone married to a U.S. citizen, does that person eventually become U.S. citizen?

Alen Takhsh:

Yeah. The key word in your question is eventually. Right? Some people I speak with, they are under the impression that if you are married to a U.S. citizen, you automatically become a green card holder or citizen, or that you’re protected. But nothing can be further from the truth, actually. Marriage by itself, does not protect you. The U.S. citizen spouse must petition for the spouse in order for the case to start.

Usually, if the person has entered the country lawfully. So let’s say again, as an example, they enter the country on a student visa. They go to school for two years, and then they fall out of status because they cannot afford school anymore. Later, they meet a fine gentleman who happens to be a U.S. citizen. They get married.

Well, the U.S. citizen spouse files a whole slew of forms with U.S. citizenship and immigration services, USCIS. That begins the process. Those forms are usually the I-130, which is to start the case to prove that the relationship is real. The I-485, the green card application, travel authorization by way of I-131, and then work authorization application by way of I-765.

You file those forms with USCIS, and in about 10 months or so, you can expect to have an interview. If all goes well, less than a year, meaning 11, 12 months after filing. You should get your green card. That green card is usually good for two years. It’s also known as a conditional green card. While the person is waiting for their case to be processed, they get a work and travel authorization so that they can not only work, but maybe travel to go see their family back home. So that timeline is for cases that are not complex. Now, of course, if there are some complications, the case may take a little bit longer, but generally that’s the timeline.

Tom:

Okay.

Mike Agruss:

But in the example you gave with the student losing money, can’t go to college anymore, they lose status, and then ultimately get married. That application then would not be approved because at the time of the application, they had lost status?

Alen Takhsh:

Very, very good point, and I’m glad you asked. No, that’s not the case, because even if you fall out of status, the government is going to look at how you entered the country. Whether you entered illegally, or whether you entered lawfully. So in our example, the person entered lawfully. They were inspected by the CBP officer, but through no fault of their own, they fall out of status. Because they’re married to a U.S. citizen, they’re afforded a very special treatment. Meaning that even if you fall out of status, we’re going to give you a green card because you’re married to a U.S. citizen.

Tom:

Okay.

Mike Agruss:

So the key is to enter lawfully.

Alen Takhsh:

Yes.

Mike Agruss:

Got it.

Alen Takhsh:

Do not enter illegally.

Tom:

Okay.

Alen Takhsh:

Yes. Because that makes life for yourself a lot more difficult, and it doesn’t make it impossible for you to attain legal status. But it does mean that now you’d be looking at some waivers, and you have to jump through some hoops in order to get there.

Tom:

[foreign language 00:20:18].

Mike Agruss:

So we talked a little bit in the beginning…

Alen Takhsh:

Do I get to ask you guys questions? Or do you just ask me questions?

Mike Agruss:

We just ask you, right? That’s why you’re in the hot seat.

Alen Takhsh:

Okay, sounds good.

Mike Agruss:

We talked in the beginning about asylum, and that you handle those types of cases. Tell us what is it, and who’s eligible for it?

Alen Takhsh:

Right. Individuals who are afraid to return to the country of nationality can seek protection in the United States. Now it cannot be in the form of, “While life is tough back home. So I want to stay here, protect me.”

Usually the standard that they have to achieve has to be both subjective and objective, meaning both personally and objectively, their fear has to make sense to the government. The fear has to be based on a particular factor, whether it’s political, whether it’s religious, maybe they are member of a particular social group. Maybe they are, let’s say gay, and the country of origin persecutes or prosecutes individuals who are gay, hence membership in a particular social group. They can even avail themselves of protections under the UN convention against torture. So there are different categories that the fear has to be under.

You cannot just say, “Life is tough. I’d like the economic opportunities that the United States offers. I have no job, no opportunity back home. Please protect me.” The asylum process is an arduous one. It’s a difficult one, and I handle a lot of those types of cases. The most important part of an asylum application is the statement that the applicant gives to the government, because it’s a rare opportunity to allow the government to feel what you feel, to see what you’ve seen.

This is another important point. The statement has to be in the voice and in the tone of the applicant. So a lot of times people come and say, “I’m afraid to go back.” And they give really legitimate reasons. They say, “Help me write my statement.” The answer is I can’t, because it has to be from you. Now, what happens is they write the statement in their own voice, in their own words.

If they don’t speak English, that’s okay. They write it in their native language. We translate it, and then I put on my officer hat. I analyze their statement and I start asking questions. What did you mean by this? Where did they take you? Where did they hit you? Did you bleed? How many stitches? Which hospital? What was the name of the hospital? How many people were there? So I help them think more critically about their case.

This is a simplification of a very difficult and complex area of law. But it’s important to again, speak with someone who’s well-versed in the law and who can help your voice be more clear when it reaches the government.

Mike Agruss:

Got it.

Tom:

Yeah. To follow up on Mike’s question about asylum. Do you have a ratio of asylum cases that your firm is working with?

Alen Takhsh:

You mean which areas of the world? What type?

Tom:

Yeah.

Alen Takhsh:

What’s interesting, is that I’ve had cases from Africa. I’ve had cases from Latin America. I’ve had cases from the Middle East. I’ve even had some cases from some of the Eastern European countries, and every single one of them obviously has different fact patterns. But the common denominator is almost always somebody who’s genuinely afraid to go back because of something that has happened to them or something that might happen to them. I can give you a couple of examples if you’d like.

Tom:

Sure.

Alen Takhsh:

Let’s say you have an individual who enters the United States. He’s a Syrian National. Enters the United States in 2005, on a visitor visa. Circumstances change, they overstay their visa. Well, fast forward to 2013, you have Bashar al-Assad, who wages a civil war against his own people. Now, this person is afraid to return.

The law says that when you file for asylum, it has to be within one year of entering the United States. So what does this person do, wanting to file for asylum eight years after entering the United States? The law has some exceptions to that rule. It says that if you can show us changed country conditions, then we will accept your application.

Or, let’s say you have someone who is a gay and from a country that persecutes homosexuals. Well, they have lived their life in secret. They are not out. They come to the United States on a student visa. Later on, maybe three, four years later, they see the opportunities that the United States offers. They come out. Well prior to their entry they weren’t afraid, they weren’t out yet, but later they come out. Now they know that if they return, they will be persecuted. So now the government says, we will afford you an exception based on changes in your personal life. That is another exception.

So, in immigration law, there’s always a general rule and exceptions under that rule. Again, very important to talk to a counselor who can guide and advise you as to what you can do about your particular situation.

Mike Agruss:

I feel like you explained the practice of law, and in general, when you said there’s the rule, and then there’s the exception. Because that’s for everything, because if it was just the rule, none of us would have jobs.

Alen Takhsh:

Exactly. That’s exactly right.

Tom:

[foreign language 00:27:57].

We talked a lot about immigration status, family-based, people getting married. Let’s talk a little bit about non-immigration status, meaning people, international students and all that. So can people come to United States to work, or for school?

Alen Takhsh:

Absolutely. There are different ways that individuals come to the United States. Like we talked before, some of those visas are immigrant visas. Some of them are non-immigrant and then more broadly speaking, some people come to study, some come here to work, some come here to invest money, some come here because they’re afraid to go back. The simple answer to your question is, yes.

However, you have to be very careful because, depending on what type of visa you have, there are some things that you can, and there are some things that you cannot do. We also talked a little bit before the show about how these areas of law that we’re talking about. Books upon books have been written on just one type of visa. Mind you, the answers I’m giving you are very much general in nature.

Tom:

All right. [foreign language 00:30:52].

Mike Agruss:

So once someone is here, are they allowed to bring family members from their home country to come live with them in the United States, and what is that process like?

Alen Takhsh:

The answer is yes, they can. However, there are different timelines and different processes for individuals who are U.S. citizens versus green card holders. So, what people can do in order to get a sense of the timelines. They can go to Google and type in visa bulletin board for let’s say, we’re in August. August, 2021. The wait times for these visa processing times changes, from time to time. So, if you have a green card holding person petitioning for their spouse, who is abroad. That may take longer than, let’s say, a U.S. citizen doing the same thing.

Or if you have someone who’s a U.S. citizen petitioning for their mom or dad, right? Different timeline. In some situations, even if you’re a green card holder, for example, you cannot petition for your parents. You have to be a U.S. citizen. There’s always these different categories that people have to be mindful of, and I try to educate my clients so that some of these things they can look up themselves. That’s why I mentioned the visa bulletin board, which can easily be accessed via Google. The more informed my clients are, the more robust and efficient the professional relationship can be.

Tom:

Okay. [foreign language 00:33:12].

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