Episode Transcript
[00:00:00] Speaker A: Welcome to In Plain Legal. I'm DNA High Easton, and today we're making the law something everyone can understand.
You're watching now Media Television.
[00:00:11] Speaker B: Welcome to In Plain Legal where we break down complex legal issues in a clear and accessible way so you can protect your rights, your family, and your future. I'm your host, DNA High Easton. And today we're diving into one of the most overwhelming areas of law. Law immigration.
Our guest, attorney Tahir Kameli, brings nearly 30 years of experience and expertise in business, immigration and corporate law. As founder of Kameli Law PC, he has helped individuals, investors and corporations navigate global expansion. His work has facilitated more than 200 million through the EB5 program, creating sustainable U.S. jobs.
Licensed in Illinois, New York and before the U.S. supreme Court, he is known for blending legal precision with ethical leadership and practical client centered solutions.
Mr. Kameli, welcome to the show.
[00:01:07] Speaker C: Thank you so much. Thank you so much for having me. It's wonderful to be here. And you know what's interesting? When you said 30 years, I'm like.
[00:01:18] Speaker B: Been doing it a long time.
[00:01:19] Speaker C: Yeah, it has been. It has been. Next year is going to be 30. I started practicing in 1996 and 29 years has gone by. But funny enough, when you said complex legal issues, you're right. I'm glad that I'm in this program so we can talk about those complex legal issues.
[00:01:36] Speaker B: I'm very excited. I'm very excited. And having all those years of experience is going to be a breadth of knowledge for all of our audience today.
[00:01:44] Speaker C: Thank you. Hopefully.
[00:01:45] Speaker B: Of course. So in this first segment, we're going to focus on the frustration so many viewers experience trying to understand their immigration options while feeling like the system is designed to confuse them. Today's conversation brings clarity to a path that too often feels impossible.
Immigration rules are dense, complex, and constantly changing. Many people do everything right and still feel lost. This segment helps viewers understand why the system feels confusing, what mistakes to avoid early, and how legal guidance can restore clarity and direction.
All right, are you ready for the conversation?
[00:02:23] Speaker C: Oh, my God. Let's do it. Let's do it. Absolutely, I am. Okay, good that I'm talking to you, who knows about the law, who understands it, so you can actually complement some areas that we can explain to our audience better.
[00:02:37] Speaker B: Absolutely. And you know, I have to say I am focused on estate planning, probate, and guardianship. So that's my area. And I do a little bit of family law. But the beautiful thing about this show is they're going to break down a lot of the complex Legal, you know, issues and try to make them very plain for our audience. So with that being said, you ready? Why does the immigration system feel so hard to understand, even for people who are doing everything right?
[00:03:02] Speaker C: Even for myself, yes.
So. So, you know, especially nowadays, I tell my clients that after 29 years of practice, many trials. I do a lot of trials in federal courts. I litigate against the United States government for when we feel that there are a lot of unconstitutional items going on.
I feel that today I'm in the first grade. Why? Because whatever we learned in the past 29 years, and, you know, the system we have, you always look at the president, you look at the previous cases and everything else. Even though immigration is very statutory for the audience purposes, I gotta tell you that statutory means that basically you look at the statute, look at the law more than the case law, and then you apply it. And based on that, each president that comes in, each administration that comes in, they look at the law and they can come up with executive orders, they can change the policies, they can change the procedure.
So we are seeing more and more this is going on right now in immigration law that the President of the United states now in 2025, and the Department of Homeland Security, they have changed many rules that had been established before, and now suddenly we're in a new zone, new zone that you see people on the street as they walk in downtown Chicago, where I'm at, they get stopped. They get stopped because of the color of their skin or because they speak different language. And the challenges that we have seen in the past few months in many big cities or many, many communities, unfortunately, we had not seen it before. And there are sometimes the constitutionality of the actions of some government officials comes to question.
So I think it's going to be better for me just to explain very shortly how the immigration law works. As everyone knows, we have 50 states. Each state has its own rules and regulations. And then the immigration law, meaning that anyone who wants to come to the United States, stays here, lives here, who is not a US Citizen, they have to go with certain federal laws. For the federal government is the one that basically sets the tone for immigration law and immigration rules and procedures, how we bring people into the country when they come to the country, how they have to behave to stay in the country.
So that's the federal standard law. However, in certain circumstances, we have 11, they call circuits, 11 segments of the country that the country is divided by 11 segments. And each state, three or four states, are under one court system. They call it 1st Circuit, 2nd Circuit, 3rd and so forth, till 11th Circuit. Sometimes these Court of appeals, they make decisions that are good for certain states that they have jurisdiction over.
So the rule may be in the Second Circuit, which is around New York, could be different than 5th Circuit, which is around Texas, and could be different from 9th Circuit. So if there is different procedure, different proceedings that is going on in different states because of the laws of the court of appeals, of the federal court, then the immigration law could change also. But in general, the immigration law is very uniform. It should be uniform for anyone in the country. That's why many attorneys that they live in different jurisdictions, they have clients in different jurisdictions.
So that's the mentality of the immigration law. But now we're going to dive into the questions that you might have, and I'll be more than happy to answer more.
[00:06:42] Speaker B: Well, I just have to say, number one, thank you so much for breaking all of that down. Because for me, even as an attorney who went to law school, right, immigration law is so complex and it's so niche, right? So you have the level of expertise to be able to break down such complicated concepts and make it for people who, you know, even go to law school. Because, I mean, listen, you just brought me back to my first year as a lawyer, 1L year, I'm like, yes, yes, that's what he says.
That's right. So audience members, he's breaking it down correctly, so he's a good person to reach out to. But I mean, you saying all of that goes to show truly how complicated this system is, especially as the administration is constantly changing their laws. So even as an attorney, you are learning and helping guide your clients in the right direction as much as you possibly can. But this explains why so many people are so frustrated and they don't really know where to turn. So you and I both know, first step is to call a lawyer, right? Call someone like you.
[00:07:47] Speaker C: Absolutely. Absolutely. And understand the law. Understand the law. And you know, unfortunately, nowadays with the Chat GPT, with different tools, the AI tools, people read things, but understanding that, you know, Chat GPT is a great tool, I believe in it. But would that replace an attorney? Would that replace a physician? Would that replace an engineer? No, it doesn't. So you, you still, if you have a headache and you have your headache starts from this side of your head to the other side of your head, each side maybe for a different reason. And you cannot rely on the ChatGPT and say that, you know, ChatGPT any other AI, that that is the solution. Meaning that Definitely you are. You are dealing with your life, you're dealing with your, with your family's well being, you're dealing with their future. And you have to make sure that you definitely reach out to individuals who have dealt with this and who have lived it every day.
[00:08:45] Speaker B: Absolutely. So with, along those lines, I mean, what would you think are like the biggest early mistakes people make that slow down or ruin their immigration case?
[00:08:54] Speaker C: Dealing with immigration system by themselves.
Dealing with it themselves. Because there are. It's very complex. There are so many statutory, there are so many laws that you have to know section one, how to deal with it with section 25, subsection B, with subsection C. And it goes, it's like a little puzzle that goes on like a maze. So you have to make sure that you deal with individuals, that they do understand what's going on. Do not go to immigration court by yourself. Do not go to the Lion's Mouth by yourself. Not that immigration officers are bad people. It's the question about the interpretation. Even sometimes people say that, you know, I married a US Citizen and we have two kids. Should be a slam dunk. No, I have seen cases from Middle east that even people who are married to U.S. citizens who have two, three kids. Two, three kids. Still at that point, the immigration, the U.S. consulate looked at him and said, you know what? I think this is a fraudulent marriage.
Really? You have three kids.
What are you talking about? So there are challenges that you have to deal with certain stuff that you have on the Internet. You got to be careful, right? People sometimes forget. I tell you, as easy as one of our clients had a Facebook account when he was a young kid, put single. He was single at the time, doesn't touch the Facebook.
Life goes on, goes to an interview, gets married, goes to the interview. The officer says that, you know what on your Facebook account you still say you're single. He's like, yeah, but I haven't used that thing. Like, no, no, no, no, no, no. Maybe you're going to try to pull the system. So. So as easy as that. So those are the things that we tell our clients, and that's based on our experience that these are the things you need to look into before you find file before you go to an interview. So those are the parts that I think people have to be careful and reach out to attorneys to talk about it.
[00:10:43] Speaker B: That's amazing. So you're just to clarify and just to reiterate because, I mean, this is true attorney fashion. I got to make sure that it's very clear for our audience.
You know, an immigration lawyer can help bring clarity and hope back into a very confusing situation because you can properly guide the clients in the right direction.
[00:11:01] Speaker C: Yes, okay, absolutely. Well, I guess we can tell them the do's or don'ts, right?
[00:11:06] Speaker B: Right, Absolutely. And so just briefly, what message do you want to share with people who feel like giving up because the process feels a little too scary or a little long?
[00:11:16] Speaker C: You know what, as long as you know what you're dealing with, as long as you do understand the what you're facing. Yeah. Not every. Not, don't forget every attorney. For every person who goes to court every day, 50% of us lose. One side wins, one side loses, so that's 50%.
And as long as you don't create a mirage for yourself and you obey the law and do not expect attorneys to be magicians to come up with something new.
We have to follow the law. We don't write the law. We can interpret it and hope for the judge or the opposing side to understand and appreciate our interpretation, but understand the weaknesses of your case, understand the strength of your case, and move on.
[00:12:05] Speaker B: Well, you know what? Thank you so much for all of that insight. We really appreciate it. And up next, we're going to break down why immigration cases get delayed and what you can actually do about it. Stay with us.
[00:12:16] Speaker A: We'll be right back with clear explanations, practical advice, and the legal insights you need without the jargon. This is In Plain Legal on NOW Media Television.
And we're back. I'm DNA High Easton and you're watching In Plain Legal on NOW Media Television. Let's continue breaking down the law together.
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Let me start over. Sorry, I'm gonna start over.
My bad. Got tongue tied? Tongue twisted.
[00:13:07] Speaker C: 5, 4, 3, 2, 1.
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Welcome back to In Plain Legal. We're here with Attorney Tahir Khameli. And in this segment we address a major frustration for immigrants everywhere. Delays.
Many viewers are living with cases stuck for months or years, feeling like their entire future is paused. Today we explain why delays happen and what rights people have. When the government takes too long, case delays create emotional and financial strain.
This segment helps viewers understand the root causes, what options exist and when legal pressure becomes necessary.
So are you ready for my first question?
[00:14:24] Speaker C: I am and actually as you are, as soon as I heard that question, I'm trying to get some information to tell the audience, but go ahead please. Yes, I am.
[00:14:34] Speaker B: Okay. Okay. So why do immigration cases get delayed so often and what causes such long wait times?
[00:14:41] Speaker C: It, it is an amazing question. I'm glad you bring it up. And let me just tell the audience that I think every religion believes that Noah used to be the person who lived the longest. I mean that's what the thief.
And we don't live like that. We, we don't live hundreds and hundreds of years to be waiting behind the immigration doors for years after years.
And I'm going to give you some statistics and you'll be amazed. And this is the statistics from November of 2025, okay?
The immigration rules and regulations to the United States. We have buckets, we have certain buckets that the government for control of immigration has created.
And in each category you cannot have more than 7% of the total visa that is available for the rest of the world. Meaning you have to realize that a US Citizen can bring his wife slash kid parents to the US and so basically I usually say the US citizen can go straight, wife can go down one level down.
Children unmarried or married can go up, mom and dad can go side by side, brother and sister, that's it. These are the people that the a US Citizen can sponsor to bring to the country a permanent resident. A green card holder can only bring straight his or his spouse died down on married children either over 21 or under 21.
So if a U. S Permanent resident green card holder has a married child, married son, daughter cannot apply.
A U S. Citizen cannot apply for aunt or uncle. So it's very simple. Now for each category the U S Government has came up and said, you know what?
For category brother and sisters, for example, we only give 28000 visas a year for category of spouses of US green card holder permanent residents, we give 28,000 a year, so on and so forth.
And that's a family base for immigrant visas through employment base. They have their own categories too and they have their own limitations.
So then the government came in and said, okay, we're not gonna allow any country to send more than 7% of the total visa available for that category to the U.S.
that's why in the there is something called visa bulletin.
If you look at the visa bulletin, it says the rest of the world.
Then next to it it says China, India, Mexico and Philippines. And where do I get this information?
If you go on Google and you put a visa bulletin month November of 2025, it comes up, then you will see that because of this backlog of this category for each country, for those four countries plus the rest of the world, it sometimes takes a long time for individuals to come to the country as an example, and I'm sure you're going to be very interested to know a brother or sister of a U.S. citizen who is from Mexico, it takes 24 years for them to come to the country.
24 years.
That means if I apply today, my brother and sister from Mexico will come in 24 years from now. Now, if I, from now till that point, die, the application is gone.
So we just paste it 24 years.
If the person is from Philippines, 20 years. If the person is from India, 20 years and goes on back and forth. And interesting enough, an unmarried son or a daughter of a U. S. Citizen from Britain, from South Africa, from Nigeria, Brazil, rest of the world, except those four countries, it takes nine years to enter. Think about it.
[00:19:26] Speaker B: Wow.
[00:19:26] Speaker C: So see that? And then marry children, it takes 16 years.
So many people stay single, they don't get married, just not to fall back seven years.
That's one.
Then you go to the US Consulate. When you go to the US Consulate, that by itself takes a long time because the United States consulate, unfortunately, they're very busy. And now with the movement that we had seen, the doge movements that you guys have seen, Elon Musk came in and started firing or laying off a lot of people. The US consulates and immigration office in the US they lost about 10 of their people.
So what happens to those cases?
Yesterday I, agent of immigration, had 20 cases. Today I have 22 cases.
Now add that up, they have thousands of thousands of cases on their desks.
And now there is a mandate from the Congress also that it says every immigration case has to go through for within six months.
So how do you deal with this? The US Government, the Congress asked the president to finish everything in six months. The president comes back and says, sorry, guys, I don't have money, I don't have agents, give me money, I'm going to hire people. So that's why now we are seeing that the current administration had increased the filing fees to make it harder for people to apply for people who don't have money to apply and then hoping that we're going to hire more agents, but they have not.
And you cannot even go anywhere else to complaint. Before, it used to be something called Rudolph mandamus that after six months, if they're not answering, you go to the, to the court and answer. Now the courts are saying that, guys, I'm not going to be able take you from the end of the line to put you in the front of the line, in front of everybody else.
What is good for you should be good for other people too. So now we're having these challenges.
The reason I'm telling you all this story that nowadays waiting for immigration three years, three and a half years, it's very normal. A u. S. Citizen, sometimes when they want to bring their spouse from overseas, it nowadays takes three to five years. It's ridiculous for six months, seven months maximum. But unfortunately, that's how the system is. And the reason to answer your question directly, because of not having enough people, because of the current administration not caring enough about immigration cases, and three, because there are so many cases backlog, those are the reason for a delay.
[00:22:05] Speaker B: And it's heartbreaking to hear what you just said, especially because people are coming to the United States or in the United States to have a better life and to have a better, you know, career so that they can be able to provide for their family. And to have your family torn apart in the midst of the waiting game is frustrating and it is very stressful. So what can somebody do if their case is taking too long or if USCIS isn't responding?
[00:22:31] Speaker C: I know, Interesting.
You have to reach out to immigration, ask them that what's going on? There is on the website of immigration, there is a clock that starts running. You put your date you applied, and it says, if your case, for example, you cannot reach out to us, we cannot send an inquiry until 2026.
You just have to wait till 2026. But it comes when the 2026 comes, make sure that you reach out to them. You send an email, say that, hey, I'm still here, I'm interested. Let's do it. So those are the things that you can actually do. But at the same time, you have to realize that even in those situations, it's not like immigration is going to pick up the phone and say, oh, I'm sorry, I messed up. No it says, you know what, give me 30 minutes, give me some time to look into it. So that by itself takes more time and time there is not an easy solution. And you know what's going to happen is the, the problem is that the rights of a US Citizen to enjoy time with their family, with their loved one, you know, as the world is getting smaller and smaller, people are getting married in different places. You know, somebody goes to Dubai, falls in love, wants to get married, brings a spouse here, and then we have to say that, sorry, three years.
What do you mean? You know, some people are dealing with it, that they are. You know, people nowadays, they get married when they are in their 30s, in their 40s, then they're dealing with having children. What are we going to do when we're going to get pregnant, when we're going to start a family? What's going to happen? All those issues coming up because of the issue that it's ridiculous that you have to now consider when to start a family based on the United States government's rules and regulations.
[00:24:05] Speaker B: Wow. And so at this point, I mean, very briefly, if you don't mind, you know, how, when is legal action kind of appropriate and when should someone keep waiting?
[00:24:15] Speaker C: It's if you have gone for an immigrant visa overseas, three years has lapsed, you can file something called writ UP mandates. That's 1, 2.
If immigration office in the U.S. uSCIS, if that clock in the application in the USCIS.gov shows that it's time to answer and they have not, you can file a lawsuit.
And, and unfortunately, again, as I was saying, 11 circuits, right. Each circuit is different. Like there are cases in Philadelphia, Massachusetts, Pennsylvania, Massachusetts, Illinois, it goes a little bit faster. Texas, may God help you, you know, Louisiana, different, the judges are different. And, but to my surprise, I have been very successful sometimes in the cases in Arizona, which I didn't expect.
So it depends case by case. But usually the rule of thumb nowadays is three years. Before it used to be six months.
[00:25:15] Speaker B: Wow. So, Mr. Comelli, especially because you've been so successful, for those dealing with these delays or uncertainty, where can they connect for like with you for guidance?
[00:25:24] Speaker C: You know what website our website, camelli.com I'll be more than happy to answer questions, to tell people, guide them what needs to be done, and I will tell them that whether it is a good case or not. And funny enough, funny enough, if there is a way for you to do it yourself, we guide you. We don't sign up attorneys, retainer agreements just to work for something small. That you can do it, too. Because we do understand that immigrants, many of them, every dollar counts. Every dollar counts for every household. So if there is something that you can do, we guide you to do it. If there is a need for us to kick in, we'll let you know.
[00:26:04] Speaker B: Amazing. Well, coming up, we tackle a painful issue, wrongful denials and how to fight back when the government gets it wrong. Stay with us.
[00:26:12] Speaker A: We'll be right back with clear explanations, practical advice and and the legal insights you need without the jargon. This is In Plain Legal on NOW Media Television.
And we're back. I'm DNA High Easton, and you're watching In Plain Legal on NOW Media Television. Let's continue breaking down the law together.
[00:26:33] Speaker B: Welcome back to IN Plain legal. In this segment, we focus on something many viewers fear, receiving a wrongful denial.
Even people who follow every rule, submit every document and do everything correctly can still be denied. And it's devastating, but it's not the end. This segment clarifies what wrongful denials look like, how to identify when the government is incorrect, and what remedies exist. Viewers learn how motions, appeals and new evidence can turn a denial into approval.
So you ready?
[00:27:06] Speaker C: I am.
[00:27:06] Speaker B: What are the common reasons people get denied even when they feel they did everything correctly?
[00:27:14] Speaker C: Immigration officers, failure to read.
[00:27:17] Speaker B: That's deep and that's real. That's very real. That's like that in all the fields, all the legal fields.
[00:27:24] Speaker C: And you know, we do it. We do understand that people make mistakes. We get it. We get it, no problem. But when we have given documents, especially in complex cases like there is something called EB2 that scientists, they come to the country, businessmen, we have to show the financials, we have to show their science papers, and we have to explain what it is.
When the evidence is right there, managers decide to say, nope, it's not there.
It's right here.
The situations like that, you have to within within 30 days of your denial, you do have a right to file a motion with motion, a request, a request for immigration to look at to reconsider the items you have given before.
Reconsider decision. Or you can say, you know what, sorry, these information were not available at the time. Since you've been sitting on it for the past four years, three years, things have changed. And I want you to reconsider your decision. Motion to reopen, reopen this case and then consider based on these available facts, you can do that.
They make a decision. And then sometimes you can also go to a court of appeals. It's called Board of Immigration Appeals. But I think you have a better chance dealing with immigration and try to convince them that they, they did not look at it carefully or they did not make it, they did not consider all the evidence in front of them. I think you're better off doing that. But at the same time, but at the same time, we have to realize that situations happen that they are just abusing the discretion. That's it. They're just abusing the discretion. You know they're wrong. You file, they deny. You file a motion to reconsider, they deny. You appeal, they deny. You know what? I'm done. Go to federal court. Go to federal court. And I usually tell people that I'm not here to find friends. We have enough friends. I'm not looking for a new one.
That the process. Not many attorneys, they want to deal with the US Prosecutors because when you file a lawsuit in federal court, it is against the United States. The U.S. attorney's office is going to be the one representing the government.
But it is what it is. You're not doing anything wrong. We have something called APA, which allows the federal court to look at the actions of the executive branch because immigration is under it and make a decision whether they abused their discretion, whether they actually did not follow law. Interpretation is different than abusing.
So the law gives them a right to use the law correctly, to interpret it correctly. Interpretation is fine. But they have to also look at the precedence. As long as they are not doing it because an arbitrary. They cannot say that, you know, same facts, same evidence. This one is okay, this one is not. Why? Because the person is from a different country that you don't like. No, no, no. That doesn't say so those are the challenges that you have to go forward and believe you me, fight, fight, fight. Correctly and legally based on the law. And, and if the law is a thin line between you could be correct or the previous precedents, previous cases, you can bring it up and try to convince that judge that why the judge should listen to you. That's it. So you do that one. As long as you don't fight, we're going to be having problems. And, and honestly, the I'm looking at and I invite many attorneys to come into this, not many attorneys want to deal with it. And you'd be surprised how many attorneys I have seen in the past 30 years that they decide not to fight this case and they send them to other people. No, the moment that attorneys and the legal system stops, that's where we're going to have Tyranny. We're going to have different ball game, and we're gonna have a. We don't have the system that we believe in that we call the United States.
[00:31:17] Speaker B: Wow. So, I mean, we know as attorneys, deadlines are so important. So the viewers, you have to remember that as soon as you get denied, you have to reach out to an attorney because you do not want to wait for the last minute to try to do the motion to reopen or motion for reconsideration that you just discussed. Right. Because then you. You further put yourself in a. In a. In a hard place to come back from.
[00:31:39] Speaker C: Absolutely.
[00:31:40] Speaker B: So how do you identify when a denial is improper and worth challenging? I know you. You touched on it briefly, but is there any specific category? Is it just going to be based on every single family kind of having their own unique reason for why they want to push forward with getting, you.
[00:31:56] Speaker C: Know, their status has its own reason. Each employer, each employee has its own reasons. But at one point, when we look at if the immigration office did not use the evidence that we have given, or they should ask for more evidence, and they failed to do so, and they just, in their mind, they made a decision, that's where we have issues. Those are the times that we definitely go after them. And sometimes when they make a decision based on the facts and they cover every aspect, we tell the client that, listen, maybe we should see why they rejected us, go back, fix it, refile. So you have to be truthful to yourself also that, do I want to deal with this? And after three years, I get another denial? No. Maybe I should go back and revisit this and try to make it better, make my application better, and come back and then use what they said against that. They said, well, you haven't given us 1, 2, 3, 4. Okay, here is 1, 2, 3, 4 dot we came up with 1, 2, 3, 4. Now what? So use the bad decision sometimes in your favor to get where you want to go.
[00:33:03] Speaker B: Okay, so essentially what you're saying is that new evidence or stronger documentation can turn a denial into an appropriate approval letter.
[00:33:09] Speaker C: Absolutely.
[00:33:10] Speaker B: Okay. And does the timing. Let's talk about the timing. Right? The process of when you first apply to when you get denied.
Let's say you find new evidence in between that time period. How does that process work when you need to be able to provide that new evidence or stronger documentation?
[00:33:27] Speaker C: Usually immigration asks for requests for evidence before denying you.
So let's say you applied in 2021, 2025 comes. Immigration is reviewing your case. If they accept you Hallelujah. If they don't, they send you something called request for evidence or notice of intent to deny.
Request for evidence, you have 87 days to give him information.
Notice of intent to deny, you have 30 days to give him information.
So basically, if something has happened in this example from 2021 to 2025, you bring it up.
Now, don't forget, if the evidence was available prior to 2021, prior to you applying, you cannot use that to make your case better.
[00:34:12] Speaker B: Got it?
[00:34:13] Speaker C: Is there new evidence that makes sense considered.
[00:34:16] Speaker B: Yes, that makes sense. So let me just make sure I clarify. If you receive new evidence to help with your, you know, potentially getting a status after you're denied, can you then go back to amend the application?
[00:34:30] Speaker C: Motion to reopen.
[00:34:31] Speaker B: Okay, yes.
[00:34:32] Speaker C: Motion to reopen.
[00:34:33] Speaker B: Or.
[00:34:33] Speaker C: Or sometimes maybe it is better to apply for a new case. For example, in citizenship cases, immigration comes back and says, okay, you know what?
When you applied, you were not here. The period of time that you were supposed to stay in the country in five years, two and a half years.
Fine. I tell the client that. Listen, it's a he says, she said, I believe in is my calculation versus theirs. But now, since we applied, you've been here for 40 months.
You know what? Let's pay 640 more. Let's start over here.
Then they cannot say anything against you. Now, if we, no matter how much you are in this example, no matter how much you're going to say that, no, I stayed here for two, two years and six months, they say, no, you stay two years and four months. We go back and forth. A year is going to pass.
They win. It's their decision. They're going to deny you. Then we have to appeal. One more year for it. Life is too short. Apply again.
So sometimes you have to know when to fight, and it's easier. And it's for the emotional status of the client, too. You know, going through this is.
Uncertainty is the worst thing. As long as you have certainty, you know, we're going.
[00:35:47] Speaker B: That makes sense. But the beautiful thing about what you've just been talking about is that there is some hope that we can give people, because there are methods like even if you are denied, you can appeal. You could do a motion to reopen. You can re. You know, apply. You can do a federal lawsuit. So that's good. So, I mean, what do you think? Do you think that knowing that there's options does give people that hope that, like, one denial won't ruin everything? Or do you think that there's something else that gives people hope as long.
[00:36:14] Speaker C: As they know that sometimes there, there is a way to deal with it, a way to deal with it. And I'm hoping that attorneys, if there is no hope of there is, if there is a little chance that the person has to stay here for one person chance, six months, eight months, one year, two years in jail. So we can fight outside, let them go.
Let them go. Not worth it. So, but we have to be truthful. And now, unfortunately, now under the current administration, the system has changed.
I mean, I go to Arizona, I'm going to Arizona next week and tell people that, guys, you know what, you and you, you may have a chance. You and you. No, I can't.
[00:36:56] Speaker B: So it all depends on the case that makes sense. And, you know, I, I definitely appreciate your level of expertise and having that experience.
You know, viewers, you have to be able to find somebody that knows exactly what they're doing because you do not want a mistake to be made. So thank you so much for that.
Of course. Up next, we end with the toughest topic. What happens when the only option left is to take the US Government to court? Stay with us.
[00:37:20] Speaker A: We'll be right back with clear explanations, practical advice, and the legal insights you need without the jargon. This is In Plain Legal on NOW Media television.
And we're back. I'm Dana High Easton, and you're watching In Plain Legal on NOW Media Television. Let's continue breaking down the law together.
[00:37:41] Speaker B: Welcome back to IN Plain legal. Don't miss a second of this show or any of your NOW Media TV favorites, streaming live and on demand whenever and wherever you want. Grab the free Now Media TV app on Roku or iOS and enjoy instant access to our lineup of bilingual programs in both English and Spanish. Prefer podcasts? Listen to In Plain Legal anytime on the Now Media TV website at www.nowmedia.tv, covering business, breaking news, lifestyle, culture, and more. Now Media TV is available 24 7, so the stories you care about are always within reach.
Welcome back to In Plain legal. In this closing segment with attorney Tahir Kameli, we discuss the most intimidating step of all fighting the government.
When your rights have been violated on your case or your case has been ignored, litigation may be the only path to justice. Today, we break down how federal lawsuits work in plain language and what outcomes people can realistically expect.
This segment simplifies the litigation process, explains when suing the government is appropriate, and helps viewers understand how long cases take and what protections they have along the way. It is also to acknowledge the emotional strength required to take on such a powerful system.
So let's, let's get into it.
You touched on this briefly in our last segment. But when is it appropriate to take the US Government to court over an immigration decision?
[00:39:09] Speaker C: When you believe that the government has sat on the case for a long time, Number one, two, they have abused their power. Three, they're completely wrong. Four, there is the interpretation. Five, there is an order from the President of the United States or agencies under the President that they have interpreted the law wrongly against the US Constitution.
Nobody says that anytime and a decision comes from the or a ruling comes from the executive branch. They are correct. Nobody says that. That's why we have courts. That's what we have.
So that's why sometimes you have to challenge them. And especially there are so many times that they are explicitly against the law. Meaning the law may be one paragraph. Then the regulation comes in in 10 pages and explains what that paragraph is. Well, in these 10 pages, the intent of the Congress, the lawmaker, has been modified.
So then you can go to court and say that hey, court, that's not what they're supposed to do. Or maybe the regulation that they have written it is against other regulations, other parts of the law, other cases.
So those are the times that you actually take a step back and decide whether you want to go to court or not or whether at that point the courts are going to be looking at these cases carefully and then you have a case about it or not. But don't forget, guys, the expenses of litigation is always there too. Litigation takes money. Litigation takes a long time, time wise, everything else. But the beauty of this is that in federal courts, these cases gets resolved much faster than the state court. The federal court said they try to set the tone up early in the, early in the game. They try to tell the court that, they try to tell the parties that how and the deadlines are going to be set and the deadlines have to be met and respected. So all of that is an indication that basically going to federal court is not a bad idea. But as long as you know what buttons to push and don't try to win the little battles, make sure you win the war, meaning that don't try to go get something in the beginning of the case and then at the end you lose.
There are so many times that we file with the cases that in federal court there is something called temporary restraining order temporary, which is called tro also that immediately, in one week you can get a decision against the government fast till later on the Day the government tries to understand and the court has time to understand the argument of the parties. For example, in the month of April or May, we had a case that the government made a mistake. They acted against the United States Constitution and based on the new policies of the US Government, of the President.
And the case was in Arizona. We filed a lawsuit in Arizona. We went after the government and they brought bunch of people from Washington to defend their position. We were adamant that they broke the Constitution.
The President unilaterally overruled the Congress in middle of the game. They didn't follow the procedure, they didn't follow anything. And the President had decided that till yesterday. You could have done 1, 2, 3, starting tomorrow. You cannot do 4, 5, 6.
Okay, well you cannot do that. You have to follow the law that has been established and the judge agreed with us in that case and we were able to help the client, keep the client and assist him to continue with the case in the United States. So you have to make the decision at the right time for the right reason, immediately, immediately. Because sometimes dragging your feet is not going to help you.
[00:43:13] Speaker B: Right. So I mean you talked about how long it typically takes and I know us as lawyers, we don't like to give timelines unless the court actually gives us a timeline. Right, that's like we have here in like docket control orders. It gives us what dates that we have and when we can do it. But let's talk about the outcomes. I mean, you just mentioned a case that happened. Congratulations for doing that, by the way. So what other outcomes are possible when you do go to federal, you know, and do.
To go to federal court?
[00:43:39] Speaker C: I should say the federal court can overrule the immigration. The federal court can, under the law, for example, if the naturalization, the citizenship application has been denied twice, you can go to federal court and ask the federal court to oversee and for the judge to be the adjudicator, sit in the place of the immigration officer and make a decision.
So the power of the court is both in equity and of course in law. So. But both of them, meaning that the courts can order against the government. You cannot usually get financial damages. It's very difficult to do that. But at least you get in equity wise what the law allows you to get. That's where it is basically.
The timeline. The timeline. You said jurisdiction by jurisdiction is different. It's really hard to say.
In federal courts, for example, in Chicago, even judges are different.
We cannot say there is a set tone for everyone.
So in federal court in Illinois, for example, In Chicago area for something that may take about one year.
In Long Island, New York takes three years.
Three years there is normal, one here is normal. So it all depends on the jurisdiction. But we see that at least when you go to federal court you have to make sure that you have all your docs in a row. You cannot try to look for evidence or try to understand the law. No, you have to know what's going on because it's very fast paced.
[00:45:16] Speaker B: That makes sense. So let's break it down, right? Let's break down the federal litigation work in simple terms for the everyday viewer. So let's talk about those ducks. What do you have to have in place to be able to go to federal court?
[00:45:26] Speaker C: In federal courts your arguments must be known. What a very clear understanding of where you're going. Three, make sure your complaint that your writing is very easy to understand. I usually my kids are not grown, but when my youngest daughter was five, I would say write it in a way that my 5 year old would understand.
So very easy to follow. Don't think that the judge is the one reading it. Maybe a first year law clerk is reading that. Who are law clerks of the judges or they're there to assist interns, externs, whatever you want to call it.
So the, the complaint has to be written correctly. All the evidence that you have to prove your case has to be ready. Sometimes you need to attach them with affidavits or anything else. And then on top of that we have to make sure that you are ready to hit the road running. You have to be ready because then it's going to be passed as soon as the lawsuit is filed. There are certain things within 30 days you have to serve the opposing party. After that you have to move on to answer, to ready to, to answer the motion to dismiss. The government tries to dismiss the case, the government tries to delay the case. So you just have to be ready. And, and that comes with experience. Sometimes you know that what steps they're going to play. And sometimes we know with the attorneys, we call the U.S. attorney's office and say, guys, you know, you guys really want to fight this? Maybe we should sit down and talk about it before even we go and jump up and down in front of the court, you know, so I'll tell you something interesting. One of our clients was coming into the country, March or April, permanent resident of the United States, no problem, no criminal background, nothing.
They just arrested him at the airport, at o' Hare Airport in Chicago. And we just scratching our head. I'm like, what the hell happened?
So we got to a point that we go front of the judge. I filed something called habeas corpus that, you know, bring the body here, bring the, the judge basically orders the, the warden to bring the person to see what's going on.
[00:47:23] Speaker B: Right.
[00:47:24] Speaker C: And it was funny though. The government came back and said, listen, I don't know why we arrested him.
Is this a joke?
[00:47:32] Speaker B: Yeah.
[00:47:33] Speaker C: Wow. I love you. But, but before going to court, we kind of knew what they were going to say. So I, you know, I told the judge that this is what happened. I just need an order. Seriously, I mean, I don't want to waste anyone's time. Let's just tell them to do it. And sometimes when the U.S. attorney's office understands that ICE USCIS they have done something wrong, they actually throw the towel. They understand, they u. S. Attorney's office, they don't want denial or they lose the case. They don't like losing. Right. So that's why they try to settle and say, you know what, let's just move on.
[00:48:05] Speaker B: That makes sense.
That makes sense. So I mean, very briefly, how do clients stay strong emotionally during a fight against such a powerful system? System, that's the hard question.
[00:48:14] Speaker C: Believe in your attorney. Believe in your attorney. Believe in an attorney that tells you honestly and tell you the percentages. And we are not afraid of saying that we could lose. But you know what? If you have a bad case, I tell you today, if you have a mediocre, I tell you, if you have a great case, I tell you, but even if you have a great case, I tell you that the boss is someone else. It's called the judge. He or she is the one who makes the decision. And the US Government nowadays, they fight like there is no tomorrow. So if you have the opponent who is now trained, who is now ordered to fight, your teammates, they must be good. They must know the law. And with your self confidence, you, the client, your self confidence and your team, your attorneys, you may have a good chance.
[00:48:58] Speaker B: You know what, Mr. Kelly, if I needed to fight against the immigration system, I would be calling you. So again, where can people follow your work and learn more about your legal and their legal options?
[00:49:09] Speaker C: Kameli.com is our website, K-A-M E L I.com and of course in that website, our website is there, our phone number, all the information is there. We'll be more than happy to have a cup of coffee with people and tell them what's going on and bring your questions. You know, you have nothing, you have nothing to lose while getting your second opinion or even understanding different aspects of law.
[00:49:34] Speaker B: Absolutely. Well, Tahir, thank you for breaking down these complex legal processes with clarity, clarity and compassion. Thank you.
[00:49:41] Speaker C: I appreciate it. Thanks for having me. I really enjoyed it.
[00:49:44] Speaker B: Me, too. Thank you so much. Well, today's conversation reminds viewers that they are not powerless and even when facing large systems to our audience, remember, you have rights, you have options, and you deserve fair treatment. Thank you for joining us on in Plain Legal. Stay informed, stay empowered, and we'll see you next time.
