Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
The Department of Homeland Security announced on Monday that it plans to end the “Remain in Mexico” program, formally known as “Migrant Protection Protocols” or MPP. Ending the Trump era program means that migrants will no longer be sent back to Mexico to wait on their immigration decisions. Earlier this week, U.S. District Judge Matthew Kacsmaryk lifted …
The U.S. Department of Homeland Security has updated its COVID-19 vaccination requirements for Uniting for Ukraine parolees. All beneficiaries ages 6 months and older must have proof that they have received the COVID-19 vaccinations both before traveling to the U.S. and after arrival in the U.S., unless eligible under an exception. Before traveling to the U.S. under …
Following the Supreme Court’s June 30 ruling in Biden v. Texas, DHS issued a statement welcoming the decision and summarizing steps it will take to wind down MPP. In early 2021, the Biden administration announced an end to the MPP program. The Secretary of Homeland Security issued a memo on June 1, 2021, which formally terminated the program. …
Objection to noncompliant NTA. In Matter of Fernandes, the BIA ruled that the time and place must in INA §239(a)(1) is a claim duty rule. This memo provides a brief survey of the ways an individual may appeal. For more detailed information about these topics, please review the materials included with this memo. There are two key requirements to be …
Internet-Based Video Hearings. DOJ issued guidance on internet-based hearings, setting guidelines to apply to such hearings across the migrant court system going forward. EOIR expects that hearings using Webex or similar program will remain important to operations in the future. Traditionally, the Executive Office for Immigration Review (EOIR) has used a closed video teleconferencing system when …
Indicted Human Smuggling Case. On Wednesday in connection with a human smuggling operation that left 50 adults and three children dead in and around a tractor-trailer near San Antonio last month. Homero Zamorano Jr., of Pasadena, Texas and Christian Martinez of Palestine and transportation of migrants illegally resulting in death and of conspiracy to transport and transportation …
extended COVID-19 Related Flexibilities. USCIS is extending certain to COVID-19 through Oct. 23, 2022, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date for Requests for Evidence and Continuations to Request Evidence (N-14) or for notices before taking any action between March 1, 2020 …
Immigrants Seeking Abortions. After the Supreme Court’s overturning of Roe v. Wade, some states have implemented near to total abortion bans. Colorado Organization for Latina Opportunity and Reproductive Rights (COLOR) reported a rise in women calling from out-of-state, many Spanish speaking immigrants, concerned about how their immigration status could impact their ability to access abortions. The …
USCIS is implementing the second phase of the premium processing expansion For certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications by the U.S. Citizenship and Immigration Services (USCIS). This phase only applies to certain previously filed Form I-140 petitions under an E13 multinational executive and manager …
Afghans and Iraqis USCIS guidance. USCIS has updated its policy manual with counsel regarding Afghan and Iraqis seeking special immigrant classification. The new counsel explains that noncitizens seeking an Afghan Special Immigrant Visa (SIV) on or after July 20, 2022, must file Form DS-157. Afghan nationals granted special immigrant status by the USCIS and having a valid Special …
USCIS is revising Form I-526, Immigrant Petition by Alien Entrepreneur, to accommodate the EB-5 Reform and Integrity Act of 2022, which made significant changes to both the filing and eligibility requirements for investors under the EB-5 program. Program applicants must usually fulfill multiple qualification criteria. Successful applicants and their family can apply for a green card. Most …
Deferred Action for Childhood Arrivals (DACA) legality. The federal judges heard appeals by the Biden management, liberal states and individual DACA receiver to the U.S. District Court Judge Andrew Hanen’s decision last year which held DACA to be illegal. DACA recipients cannot receive amnesty or legitimation. Recipients can get a temporary stay against their deportation for two …
Extension of TPS for Venezuela. Secretary of Homeland Security Alejandro Mayorkas is extending the designation of Venezuela for Temporary Protected Status (TPS) for 18 months. Venezuelans who arrived in the U.S. after March 8, 2021 will not be eligible for TPS. This Extension of TPS for Venezuela will provide protection from deportation and permission to work in …
The directive, the legal frame, and why this matters to clients: Directives ordering migrants to be returned (or transported elsewhere) are high-visibility administrative actions that raise immediate practical and legal questions.States can direct state resources and operations, but enforcement of immigration law is primarily a federal responsibility — when state directives approachenforcement or interfere with …