Mohammad Hashmi, a citizen of Pakistan, entered the United States in 2002 on a student visa. Two
Question:
Mohammad Hashmi, a citizen of Pakistan, entered the United States in 2002 on a student visa. Two years later, when he applied for a job at Compute Credit, he completed an I-9 form and checked the box to indicate that he was "a citizen or national of the United States." Soon after submitting that form, he married a U.S. citizen. Several months later, the federal immigration services claimed that Hashmi had misrepresented himself as a U.S. citizen. Hashmi contended that he had not misrepresented himself. At an administrative hearing, he testified that when he filled out the I-9 form he believed that he was a "national of the United States" because he was legally in the country under a student visa and was going to marry a U.S. citizen. He requested that his immigration status be adjusted to account for the fact that he was employed and married to an American. The immigration judge rejected that request and found that Hashmi had made a false claim on the I-9 form. He ruled that Hashmi was "inadmissible" to the United States and that his legal status in the country could not be amended because of his marriage or employment. Hashmi appealed.
(a) Was it reasonable for Hashmi to think that he was a U.S. national? What if his misunderstanding was due to the fact that he was not proficient in the English language?
(b) Should Hashmi's visa status be changed because of his marriage and employment? Why or why not? How should the appellate court rule in this case?
(c) Should the court consider what happens to Hashmi's wife if he is denied legal status? In general, should the law consider the interests of family members when determining a person's immigration status? Explain.
Step by Step Answer:
The Legal Environment of Business Text and Cases
ISBN: 978-1305967304
10th edition
Authors: Frank B. Cross, Roger LeRoy Miller