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Keywords

summary judgmentvisanaturalizationappellantappellee
summary judgmentvisanaturalizationappellantappellee

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Karmali v. Immigration and Naturalization Service

Facts

Appellant was born in Tanzania and then emigrated to Canada and became a citizen there. Subsequently he purchased businesses in the United States and began living in Idaho. Shortly thereafter, he was charged by appellee with having entered this country illegally in that he had worked and resided here without the benefit of an immigrant visa. After the administrative remedies were exhausted suit was brought and appellant asserted that appellee's denial of the petition was arbitrary and capricious and without legal basis.

Appellant was born in Tanzania and then emigrated to Canada and became a citizen there. Subsequently he purchased businesses in the United States and began living in Idaho. Shortly thereafter, he was charged by appellee with having entered this country illegally in that he had worked and resided here without the benefit of an immigrant visa.

Issue

Whether the Immigration and Naturalization Service's interpretation of the requirement for one year of continuous employment abroad prior to seeking admission as an intra-company transferee was correct.

Whether the Immigration and Naturalization Service's interpretation of the requirement for one year of continuous employment abroad prior to seeking admission as an intra-company transferee was correct.

Rule

The court applied the interpretation of section 101(a)(15)(L) of the Immigration and Nationality Act, which requires that an intra-company transferee must have been employed continuously for one year abroad before seeking admission into the United States.

The court applied the interpretation of section 101(a)(15)(L) of the Immigration and Nationality Act, which requires that an intra-company transferee must have been employed continuously for one year abroad before seeking admission into the United States.

Analysis

The court determined that the Regional Commissioner interpreted the language 'employed continuously for one year' in section 101(a)(15)(L) to mean one year of continuous employment abroad prior to seeking admission into the United States as an intra-company transferee. The court found that this interpretation was consistent with congressional intent and that the appellants did not provide sufficient support for their assertion that part of the one-year employment period could be spent in the United States.

The court determined that the Regional Commissioner interpreted the language 'employed continuously for one year' in section 101(a)(15)(L) to mean one year of continuous employment abroad prior to seeking admission into the United States as an intra-company transferee.

Conclusion

The court affirmed the grant of summary judgment, concluding that the Service did not abuse its discretion in denying the petition for Karmali on the grounds that he did not meet the requirement of one year of continuous employment abroad.

The court affirmed the grant of summary judgment, concluding that the Service did not abuse its discretion in denying the petition for Karmali on the grounds that he did not meet the requirement of one year of continuous employment abroad.

Who won?

The United States Immigration and Naturalization Service prevailed in the case because the court upheld their interpretation of the law requiring one year of continuous employment abroad.

The United States Immigration and Naturalization Service prevailed in the case because the court upheld their interpretation of the law requiring one year of continuous employment abroad.

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