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Keywords

divorcevisadeportationnaturalization
divorcevisadeportationnaturalization

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Shaikhs v. Immigration and Naturalization Service

Facts

Islam Shaikhs, a citizen of Pakistan, married a United States citizen, Pamela Rogers, in December 1983. After returning to Pakistan, he reentered the U.S. in July 1985 using an immigrant visa based on his marriage. However, Rogers had filed for divorce in Illinois, and the divorce was finalized on June 21, 1985, before Shaikhs' reentry. The INS denied his naturalization application due to the divorce, and the BIA later found that Shaikhs was deportable because he entered the U.S. without a valid visa.

Islam Shaikhs, a citizen of Pakistan, married a United States citizen, Pamela Rogers, in December 1983. After returning to Pakistan, he reentered the U.S. in July 1985 using an immigrant visa based on his marriage. However, Rogers had filed for divorce in Illinois, and the divorce was finalized on June 21, 1985, before Shaikhs' reentry. The INS denied his naturalization application due to the divorce, and the BIA later found that Shaikhs was deportable because he entered the U.S. without a valid visa.

Issue

Whether Shaikhs' visa was valid at the time of his reentry into the United States given that he was not married at that time.

Whether Shaikhs' visa was valid at the time of his reentry into the United States given that he was not married at that time.

Rule

A judgment is enforceable when it is entered, not at some period thereafter. The validity of a visa is contingent upon a valid marriage to a United States citizen.

A judgment is enforceable when it is entered, not at some period thereafter. The validity of a visa is contingent upon a valid marriage to a United States citizen.

Analysis

The court determined that the divorce decree became enforceable on June 21, 1985, the day it was issued. Since Shaikhs reentered the U.S. on July 13, 1985, after the divorce was finalized, he was not married at that time, and therefore, his visa was invalid. The court rejected Shaikhs' argument that the INS needed to rescind his visa before it could be deemed invalid.

The court determined that the divorce decree became enforceable on June 21, 1985, the day it was issued. Since Shaikhs reentered the U.S. on July 13, 1985, after the divorce was finalized, he was not married at that time, and therefore, his visa was invalid. The court rejected Shaikhs' argument that the INS needed to rescind his visa before it could be deemed invalid.

Conclusion

The court affirmed the BIA's order of deportation, concluding that Shaikhs entered the U.S. without a valid visa.

The court affirmed the BIA's order of deportation, concluding that Shaikhs entered the U.S. without a valid visa.

Who won?

The INS prevailed in the case because the court upheld the BIA's finding that Shaikhs was deportable due to his invalid visa.

The INS prevailed in the case because the court upheld the BIA's finding that Shaikhs was deportable due to his invalid visa.

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