BLTC-9e Case Problem with Sample Answer
Chapter 29:
Employment, Immigration, and Labor Law
29–5 Case Problem with Sample Answer
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 CompuCredit, 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 he 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. Do you think it was reasonable for Hashmi to think he was a U.S. national? Should his visa status be changed because of his marriage and employment? Why or why not? [Hashmi v. Mukasey, 533 F.3d 700 (8th Cir. 2008)]
Sample Answer:
Hashmi’s appeal was rejected. A national of the United States is a citizen or a person who, though not a citizen, owes a permanent allegiance to the United States. It has specific meaning and is not obtained just by declaring an intent or desire to stay in the country or marry a citizen. The finding of the immigration judge was correct. Hashmi provided false information on his I-9 form, so he is ineligible for legal work status. He is ineligible for permanent residence status.