Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
There are various issues as to what they might qualify for. However, if they are under 21, they can climb on the petitions of their parents. Thus, we would have to see what the parents might qualify for. If the child is under 18 years and 6 months, they should consider leaving the U.S. because …
To deter the confusion generated from the differences in Resident Visa application the U.S. Army issued an instruction sheet to be provided to green card holders, Lawful Permanent Resident (LPR) or Conditional Lawful Permanent Resident (CPR), enlistees when they contract. Lawful permanent resident Lawful permanent resident petitioning spouse Extension of green card LPR to prepare …
Question: I have been serving in the military for some time. I know that I have to serve 3 years to apply for Naturalization. Is there a way I can apply faster? Answer: Department of Homeland Security (DHS) Secretary Janet Napolitano today announced the publication of a rule formalizing DHS’ longstanding policy to expedite and …
Removal proceedings terminated w/o prejudice. Now, Client can apply for adjustment of status before CIS to obtain Lawful Permanent Residency. Removal proceedings Best deportation Attorney Find a good deportation Lawyer to help you Judge and removal
As Immigration and Nationality Act is silent regarding the basis for determining whether a conviction is for a particularly serious crime, interpretation by Board of Immigration Appeals of what an immigration judge may refer to in deciding whether a prior offense met that standard is entitled to deference. All reliable information may be considered in …
A stepparent who qualifies as a “parent” under section 101(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1101(b)(2) (2006), at the time of the proceedings is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under section 240A(b)(1)(D) of the Act, 8 U.S.C. § 1229b(b)(1)(D)(2006) Guidance …
Determine if you are a Resident or a Non-Resident 1 There are different standards of proof for Cancellation depending on whether you are a resident or nonresident. If you are a resident, you must only show 7 years of physical presence, not 10 years. 2 Get docmentation for the all the years of physical presence …
Adjustment of Status under 245A finally approved (immediate relative: step-father to child). Case has been pending for approximately 4 years. First in absentia MTR was granted and then AOS. Only issue was whether Client was adopted or not (no adoption papers in the file) but adoption was not necessary because Client qualified as a step …
In light of the situation regarding adoption of Haitian orphans USCIS has issued a list of questions and answers that will be used for adoptive parents of paroled Haitian orphans on obtaining lawful permanent residence (LPR) status and U.S. citizenship. Adoption petition Decree of adoption Immigration adoption The US will put more efforts into protecting …
Limitations of H-1B petitions are in effect for the 2010 year. There will be a significant decrease in the number of petitions that will be accepted. USCIS announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. The fiscal year cap (numerical limitation on H-1B …
Clarification of CA9 held that the offense of. “Unlawful sexual intercourse with a minor” under California Penal Code does not meet the definition of “aggravated felony” in 8 U.S.C. § 1101(a)(43)(A), which includes “sexual abuse of a minor.” Determination of the two offenses can be a case by case basis. The Ninth Circuit stated in Castillo-Rivera that …
In an effort to clarify regulations for those applying for Asylum in the US, the USCIS issued an information collection request on Form I-730, Refugee/Asylee Relative Petition. If you are a principal refugee admitted to the United States within the past 2 years or a principal asylee who was granted asylum within the past 2 …
DOL released public disclosure data files for FY 2009 for Permanent, H-1B and H-2B programs on the DOL Foreign Labor Certification Data Center website. Data released is to assist in H-1B and H-2B applicants. The data files are available on the FLC Data Center website. Amended H-1B petition Deadline for H-1B H-1B visa application H-1B …
Iraqi refugees work Visas. Additional challenges will be faced by immigrants from Iraq that intend to live and work in the US. GAO issued a report on Iraqi refugees and special immigrant visa holders. Hold a valid residency permit, which includes a mandatory blood test and security clearance. Please refer to the below hyperlinks that …
Burden of proof and reliable evidence in CA9 granted. In part and remanded for further proceedings. The burden of proof is a legal standard that requires parties to provide evidence to demonstrate that a claim is valid. Three levels of this, “beyond a reasonable doubt,” a “preponderance of the proof,” and “clear and convincing” determine the …