DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 15B

Citation
§ 15B
Parent Document
Karaa v. Kuk Yim, 86 Mass. App. Ct. 714 (2014)
Jurisdiction
Massachusetts (state)
Effective Date
2014-12-05
Original Source
https://www.courtlistener.com/opinion/2757954/karaa-v-kuk-yim/ ↗

Other Sections in This Document (303)

Full Text

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       As stated in Yim's testimony at trial, the tenants planned
their trip to China in large part because, though Yim had been
granted L-1A status as of April 15, 2010, she and her children
would need to reenter the country in order to secure their
visas. L-1A visas are available to executives and managers of
international companies, and allow these foreign employees to
relocate to their company's United States office or, for those
foreign companies that do not yet have affiliated United States
offices, allow them to send an executive or manager to the
United States to help establish a United States office or
subsidiary. In order to qualify, the foreign employee must have
worked abroad for the company for at least one continuous year
within the three years prior to their admission into the United
States. Yet, Yim had spent the prior three years living in the
United States to care for her children, who were attending
United States schools. The record shows that Yim and Fong
submitted their visa applications months prior to their trip to
China, with the assistance of legal counsel. This, in
conjunction with the trial judge's finding that Yim had prior
experience traveling between the United States and China,
suggests that Yim knew or should have known that she was in
violation of her L-1A status. These facts support the trial
judge's conclusion that Yim knowingly and voluntarily undertook
the risk that she and her family might not be able to reenter
the United States.
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