Question
22-4. Immigration Work Status. Mohammad Hashmi, a citizen of Pakistan, entered the United States on a student visa. Two years later, when he applied for
22-4. Immigration Work Status. Mohammad Hashmi, a
citizen of Pakistan, entered the United States on a student visa. Two years later, when he applied for a job at Compu-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. 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? [Hashmi v. Mukasey, 533 F.3d 700 (8th Cir. 2008)] (See Immigration Law.)
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