Law Offices of Brian D. Lerner
Immigration Lawyer & Deportation Defense Nationwide | Free Consultation
In Padilla v. ICE, a district court judge issued a decision that requires immigration courts to continue to provide bond hearings to individuals fleeing persecution who enter the United States without inspection, are placed in expedited removal proceedings, and pass their credible fear interviews. The decision is set to take effect on July 16, 2019.
The San Francisco Chronicle reports that the administration is preparing to replace in-court interpreters at initial immigration court hearings with videos informing asylum seekers and other immigrants facing deportation of their rights. Advocates have raised concerns that the move could jeopardize immigrants’ due-process rights, add confusion, and potentially make the system less efficient by causing more individuals to …
USCIS announced that it will begin rejecting petitions where Form I‑129, Petition for a Nonimmigrant Worker, does not include the petitioner’s or applicant’s name and primary U.S. office address in Part 1 of the form.
DOS announced that on May 31, 2019, it updated its immigrant and nonimmigrant visa application forms to request additional information, including social media identifiers, from most U.S. visa applicants worldwide. Notices of these changes were published in the Federal Register on August 28, 2018.
USCIS announced that it received enough petitions to reach the additional maximum 30,000 visas made available under the May 8, 2019, temporary final rule for returning workers under the H‑2B cap for FY2019. USCIS will reject and return any cap-subject petitions and accompanying filing fees received after June 5, 2019.
As of today, DOL only accepts electronic filings of Form ETA 9141, Application for Prevailing Wage Determination, through the new Foreign Labor Application Gateway (FLAG) System. Furthermore, beginning Thursday, June 13, 2019, H‑2B applications will be accepted via FLAG, and on July 3, 2019, all H‑2B applications must be sumbmitted via FLAG
USCIS announced that starting yesterday, June 10, 2019, certain New Zealand nationals can request a change of status to the E‑1 nonimmigrant trader classification and the E‑2 nonimmigrant investor classification under Public Law 115-226.
The BIA found that where an individual has been convicted of violating a state drug statute that includes a controlled substance that is not on the federal controlled substances schedules, the individual must establish a realistic probability that the state would actually apply the language of the statute to prosecute conduct involving that substance in order …
The Fourth Circuit vacated the denial of the petitioner’s asylum and withholding of removal claims, reversed the BIA’s determination that the petitioner had failed to establish the required nexus between her persecution and her proposed protected statuses—that is, her membership in the particular social group of unmarried mothers living under the control of gangs in Honduras …
On May 31, 2019, new questions were added to Form DS-160/DS-156, Nonimmigrant Visa Application, and Form DS-260, Immigrant Visa Application.
Two amicus briefs were filed yesterday in Innovation Law Lab v. McAleenan, a case challenging the administration’s Migrant Protection Protocols (MPPs), commonly known as the Remain in Mexico policy. Local 1924 of the American Federation of Government Employees, which represents over 2,500 bargaining unit employees of USCIS, submitted an amicus brief arguing that the MPPs don’t streamline processes, but …
CNBC reports that the Supreme Court announced that it will hear arguments over the legality of the Trump administration’s decision to terminate DACA.
The House passed the Senate-approved border supplemental spending bill, which included significant additional funding for ICE and CBP to house, transport, and provide for the care of migrant detainees, as well as funds to enable the HHS to care for the large numbers of unaccompanied children, among other provisions.
Public and political outrage over the horrific conditions in which children were being held at a Clint, TX, Border Patrol facility prompted immigration officials to remove about 250 children from the facility, 100 of the children were then abruptly sent back. Clara Long of Human Rights Watch said, “CBP custody is inappropriate and abusive for …
USCIS announced the latest phase in the expansion of its FOIA Immigration Records System (FIRST). USCIS online account holders may now submit FOIA requests online for their own records and will soon be able to submit online requests for non-A-File material.