Desai said he had told the immigration official that he was travelling to the US to attend some functions and meet some of his clients for a few hours. Between January 2010 to October 7 he had been in the US only three times and only for about 18 days, noted Desai.
After having been refused entry, Desai then purchased new tickets and returned to India on Sunday.
When contacted by Legally India, Desai said: “The US government has been made aware of the situation at the highest level and I am hopeful this will be resolved to the satisfaction of all parties.”
Nishith Desai Associates has an office in California’s Silicon Valley, in Palo Alto.
Society of Indian Law Firms (SILF) chairman Lalit Bhasin had sent an email to a distribution list of lawyers on Saturday 9 October, with a subject of “SHOCKING INCIDENT”.
In the email Bhasin set out the above facts and concluded: “Our colleagues are forewarned about similar consequences. We have to agitate this matter with U.S. authorities and Government of India. On the eve of President Obama’s visit this ugly development would certainly be a set back for better relations between the two countries and the two professions.”
Comments
I am amazed that Mr. Bhasin [could] believe that this could in any event "dent" India-US relations.
Lastly, please change the headline regarding the Akhil Bharat Hindu Mahasabha's caveat- It is not the 'Hindus' as you would call it. Just like the Al Qaeda is not 'Muslims'.
Hahaha..now the boot is on the other foot. The wearer of the shoe knows where it pinches. No point in having an establishment in that country if you are harassed in this way.
I hope more such incidents arise, so that the SILF members really do something to ensure that US firms are paid back in the same coin.
For decades the US kept preaching to all and sundry about the virtues of free trade and free enterprise. Now see how they rail against outsourcing, China and clamour for high tariffs and non-tariff barriers and outright protectionism.
The US' days of glory are finally about to end. It no longer has the clout the advance its nefarious designs on the 'third world'.
People, it would be in your interest never to set foot on the accursed land of liberty and opportunity. You will get neither.
Recession seems to have hit USA really hard!!! and when going gets tough even the preachers of freedom don't work the way they preach...
Question is can anyone with a business visit VISA only(whether issued by US, UK or India) set up a business in any of these countries and earn income? The answer is a NO.
Sad to read comments of people who without understanding the probable background are playing it up as if a 'poor' and 'bankrupt' US is now forced to refuse entry to India's 'shining' lawyers!
This is hardly shocking and using a heading such as this tends to sensationalise the story which is regrettable.
I wonder how Nishith got away all these years. He obviously is a partner of the outfit in California that is advertised on NDA's website, or how else is he getting money out from his California office?
Maybe Nishith has a diferent view here but that certainly is not the arguement laid out on this article either by him or in the email which Lalilt Bhasin sent around (which I have had read).
(1) That what the immigration officer did was illegal. But that is not the case. A business visa does not entitle a foreign citizen to set up a place of business in the USA - a fact well known to all. So it is Mr Desai who was on the wrong side of the law. He may say he came for "consultancy" but the US immigration officer would have no way to verify the same.
(2) That he is an important person - a la Shah Rukh Khan. So what? It is only we Indians who have this mentality that an important person can be given some leeway wrt the law. No way I say. Bob Dylan was frisked by US police on the streets recently as they suspected him of suspicious activity.
1. ND is qualified to practice Indian law in California, US. Check out http://admissions.calbar.ca.gov/Requirements/ForeignLegalConsultantsFLC/ForeignLegalConsultantsList.aspx
2. Short meetings for business development do not tantamount to 'employment'.
3. This is not 'scenario creation'. It actually did happen.
4. SILF's views as an industry body is cumulative of the views of its members. There is no point criticizing them here when all of your law firms are members.
5. Less is more. Yes, top Indian lawyers earn more than their US counterparts. This is the story and eventually economics will prevail over immigration or politics.
6. Thank you.
After his speach i requested him to look at my Card n he gave me his card.
Nisheth Desai Advocate Knows that he can not practice Indian laws in Illinois state of USA without license. As a matter of fact he has a lisence as FLC in LA to practice Indian laws.
Nishith should reapect the laws of US n other country's he goes. It is obligatory on a member of Indian Bar. BCI should look in to this matter.
Mr.Desai Advocate is answereable to Indian lawyers. US is more open to Indian lawyers then India to US lawyers.
Best,
T.Gaur
Advocate
Delhi HC Bar n Indian American Bar Association USA