Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
DOL issued a final rule amending its regulations on the temporary agricultural employment of H-2A aliens in the U.S. This H-2A amended regulation final rule is effective 3/15/10.The H-2A visa allows U.S. employers to hire foreign nationals for temporary or seasonal agricultural work if no able, willing, or qualified U.S. workers are available. Employers must …
The government has On 01/29/10, Mexico’s National Migration Institute produce its Manual of Criteria and Migration Procedures. The Manual will be apply as of 5/1/10 throughout the 32 commission of the National Migration Institute in Mexico.
USCIS invites national stakeholders to a teleconference on 2/18/10 to discuss the implementation of the memo issued on 1/8/10. This memo provides guidance on determining if a valid employer-employee relationship exists. Employment status is a key factor in this evaluation. In light of recent fraud cases appearing at major immigration firms, there is a need …
Many times people cannot complete processing of their applications for the Green Card because they either have been denied or will be denied because of a prior deportation, criminal act or misrepresentation. A waiver is a package that is sent to the appropriate United States government official consisting of legal arguments, declarations and exhibits. It …
Consular Processing is the procedure whereby you go to the appropriate United States Consulate to get your applications processed for either your Lawful Permanent Residence or for a myriad of different types of work permits. Our law firm can prepare anyone of the numerous petitions necessary for you to enter the United States. This includes …
The June 2009 Immigration Briefings, entitled “Credibility, Burden of Proof, and Corroboration Under the Real ID Act,” 09-06 Immigration Briefing 1 (June 2009), discusses credibility determinations as prescribed by the REAL ID Act of 2005, primarily in the context of asylum relief. The Briefing addresses both burden of proof and corroboration as part of its …
This type of visa will allow you to obtain the Green Card for you, your spouse and your unmarried children under 21 years old. You can get the Immigration Green Card by marriage if the marriage is bona-fide. If you marry a United States Citizen, you can begin the process immediately to get your Green …
This page explains the process for adopting children from foreign countries. Additionally, it provides information on immigration benefits obtainable through adoptive relationships. These resources are intended for adoptive and prospective adoptive parents of foreign-born children, as well as adoption agencies, and state and local officials involved in adoption proceedings. Orphan petitions are the most common …
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996included restrictions on federal judicial review of deportation, exclusion and removal cases. Former INA § 106, passed in 1961 by the United States Congress, had provided the basis for judicial review of immigration matters until its elimination by IIRIRA which replaced it with INA § 242, …
Our law firm prepares each and every kind of appeal regarding all types of petitions and applications under the Immigration and Nationality Act. Appeals can be made from the Immigration Court, the Bureau of Citizenship and Immigration Services, the Department of State, the Department of Labor and many more. Appeals go to many different types …
To be eligible to file a self-petition (an application that you file for yourself for immigration benefits) you must qualify under one of the following categories: Spouse: You may self-petition if you are a battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under the age of 21, who have not …
“The Office of the United Nations High Commissioner for Refugees was established on December 14, 1950 by the United Nations General Assembly. The agency is mandated to lead and co-ordinate international action to protect refugees and resolve refugee problems worldwide. Its primary purpose is to safeguard the rights and well-being of refugees. It strives to …
Generally, if you will be tortured, imprisoned, or persecuted for various reasons upon returning to your home country, you may qualify for relief under the Convention Against Torture (CAT). You can only apply for this form of relief if you are in Removal or Deportation Proceedings. The implementation of CAT is from an International Treaty …
The U.S. Attorney General has statutory discretionary authority to admit any refugee who is not firmly resettled in a third country, who is determined to be of special humanitarian concern, and who is admissible as an immigrant. The Attorney General has delegated this authority to the Bureau of Citizenship and Immigration Services (INS). In both …
Prior to 1980, departure from communist-dominated or communist-occupied states, or departure from countries in the Middle East, was generally sufficient justification for refugee eligibility. Until this time, U.S. refugee policy was dominated by Cold War geopolitical concerns and strategies. The Refugee Act of 1980 sought to eliminate the prevailing geographic and ideological preferences and to …