Law Offices of Brian D. Lerner
Immigration Lawyer & Deportation Defense Nationwide | Free Consultation
Due to inaccurate information circulating regarding filing applications USCIS announced revised filing instructions and addresses for applicants filing an Application for Employment Authorization (Form I-765). I-765 meaning Employment and immigration Employment authorization Employment meaning
As of now, there are nearly 12 million people who are illegal in the U.S. We could simply say that they should all go home, or why should we reward people here illegally. However, the values of the U.S. and everything we believe draws people from all over the world here. Therefore, there should be …
A conditional permanent resident under section 216(a) of the Immigration and Nationality Act, 8 U.S.C. § 1186a(a) (2006), who is seeking to remove the conditional basis of that status and who has timely filed the petition and appeared for the interview required under section 216(c)(1), does not need a separate section 216(c)(4) hardship waiver if …
Aliens are subject to removal from the United States for the following grounds of deportation: • Status violations: Persons who violate their immigration status in the United States may be subject to removal. Persons inadmissible at the time of entry are subject to removal under INA § 237(a)(1)(A) [8 U.S.C.A. § 1227(a)(1)(A)], which incorporates all …
The Republicans need to stop blaming the Democrats as to why there is no immigration reform. Likewise, the Democrats need to stop blaming the Republicans. Also, the people need to stop blaming President Obama. In other words, Let’s all work together to get Congress to put together and pass a comprehensive Immigration Reform, Of our …
U.S. SUPREME COURT -Criminal Law and Procedure- State court’s upholding of jury instructions and forms that made clear that for jury to recommend a death sentence, jury had to unanimously find each of the aggravating factors outweighed any mitigating circumstances–but did not say the jury had to determine the existence of each individual mitigating factor …
A seminar will begin this month to assist clients on how to proceed when a denial is issued a seminar will be provided. This seminar will discuss concrete strategies and advice on how to proceed when your marriage-based or fiancé(e) visa application is denied at the consulate. Registration is open until 11:59pm, Monday, February 7. …
In light of the Haitian disaster and to protect the Haitian orphans from possible illegal adoptions the USCIS announced that, beginning April 1, 2010, USCIS is centralizing processing and adjudication of all new orphan (Non-Hague) petitions with the agency’s specialized adoptions team at the National Benefits Center (NBC) in Missouri. One adoptive parent must be a US citizen. Adoptive parents must …
To combat discrimination against immigrants ICE issued information on how to file a complaint alleging racial profiling, due process violations or other violations of civil rights and civil liberties related to the Secure Communities initiative. A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination. …
Abuse of migrant spouses prompts law makers to review case. In a marker hearing, The BIA held that a misdemeanor conviction for willful infliction of corporal injury on a spouse under California Law,Qualifies categorically as a sentence for a “crime of violence” under 18 U.S.C. § 16(a) (2006).
The Court held that 8 U.S.C. § 1429 bars DHS from considering a naturalization application where removal proceedings are pending. Thus, an immigration judge may not make a finding of prima facia eligibility for naturalization. As a result, individuals in removal proceedings may not avail themselves of 8 U.S.C. § 1239.2(f). (Perriello v. Napolitano, 09/01/09). …
Removal Proceedings Terminated. Person was placed into removal proceedings after he applied for Naturalization. Client charged as an aggravated felon for his 1998 Domestic Battery conviction. We were able to show that this crime does not qualify categorically as a crime of violence and therefore, a crime of domestic violence. In addition, the conviction documents …
In regards to recent battery and family violence charges of those applying for immigration petitions the BIA remanded, finding respondent’s family violence battery conviction is not aggravated felony crime of violence because term of imprisonment of at least 1 year was not imposed. Matter of Kim (BIA 2010). Family petitions Immigration petitions Petitions for family …
Case Presentation to the INS The steps that refugee applicants follow before their eligibility interviews with BCIS officers vary. Many applicants are referred to the United States Refugee Program (USRP) for resettlement consideration by officials of the United Nations High Commissioner for Refugees (UNHCR), while a smaller number are referred by a U.S. Embassy or …
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once …