Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
For purposes of INA §240A(a) cancellation, the term “has been” lawfully admitted for permanent residence means that the alien must currently possess LPR status. It does not include a person who held that status but has since lost it.
The government did not make a binding judicial admission about Petitioner’s entry date in the NTA for purposes of NACARA eligibility because it disputed the date during an evidentiary hearing and Petitioner never expressly objected.
USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 9/10/10, approximately 37,400 H-1B cap-subject petitions were receipted. USCIS has receipted 13,700 H-1B petitions for aliens with advanced degrees.
DOS issued a 30-day comment period on extension of validity of Form DS-156E, which is completed by aliens seeking nonimmigrant treaty trader/investor visas to the US.
The court found that INA §242(a)(2)(B)(ii) and INA §216(c)(4) deprive it of jurisdiction to review the BIA’s credibility determination or its weighing of the evidence found to be credible in a conditional residence waiver case.
USCIS announcement that more than 9,000 individuals will become U.S. citizens as part of Constitution Day and Citizenship Day on 9/17/10. Included is a list of 2010 Citizenship Day ceremonies, including naturalizations at 22 national park sites across the country
DHS requests comments for a closed federal Homeland Security Advisory Council meeting schedule for 10/14/10. Agenda items include Watch List operational improvements.
ICE announcement that 32 individuals from the Atlanta area were arrested by Fugitive Operations Teams (FOT). Those arrested include individuals with prior criminal convictions, prior deportations, or outstanding final orders of deportation issued by an immigration judge.
USCIS announcement that 55 noncitizen members of the U.S. military and 17 military spouses were naturalized in South Korea. USCIS has naturalized 196 military members in South Korea, the most since the inception of the overseas naturalization program in 2004.
DOS issued a 30-day comment period on extension of validity of Form DS-117, which is used to determine the eligibility of an alien applicant for special immigrant status as a returning resident.
Office of Immigration Litigation (OIL) reference guide created in response to the Supreme Court decision Padilla v. Kentucky, which requires defense counsel to effectively advise their clients on the immigration consequences of a guilty plea in a criminal case.
Department of State (DOS) guidance relating to the consular notification obligations of federal, state, and local officials when a foreign national is arrested and detained, requires a guardian, dies or is seriously injured, or is involved in a ship wreck or plane crash on U.S. territory
Whether a fundamental change has occurred to rebut past persecution for withholding of removal is a fact-specific inquiry, tailored to the petitioner’s claim. It is insufficient to rely on information about general country changes. (Imelda v. U.S. Att’y Gen., 7/12/10).
An alien is not precluded from post-conclusion voluntary departure under INA §240B(b)(1), where the request is raised for the first time after IJ issuance of the removal order, but prior to the conclusion of the hearing.
Guidance regarding I-9 and immigration-related discrimination issues in response to the invalidation of pre-July 1, 2010 Puerto Rico birth certificates.