Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
Question: I am writing from the immigration detention facility. I have had my Green Card for many years, but committed a crime many years ago. After trying to become a U.S. Citizen, they not only denied my application, but put me in detention and deportation. I have heard that there is no way I can …
Question: I am married to a U.S. Citizen and just entered the U.S. Unfortunately, I have a crime in my past. The Immigration Judge denied my case and stated that because I was an arriving alien that I do not qualify to adjust my status in the U.S. Is this true? Answer: Actually, in a …
Question: I have many friends who are not U.S. Citizens who were displaced by Hurricane Katrina. What is happening with their families and petitions? Answer: First, it is necessary to determine the physical status of USCIS facilities in the affected area. On Friday, September 2, 2005, USCIS surveyed the status of the USCIS District Office …
Question: I had petitioned for temporary workers earlier, but was told all H-2B’s were used up. Is there anything that can be done? I really need these workers. Answer: Yes, beginning May 25, 2005, U.S. Citizenship and Immigration Services (USCIS) will begin to accept additional petitions for H-2B workers as required by the Save Our …
Question: My employer has a business in my home country and wants to send me to the United States to work in a branch office he is opening up. However, it would require that I work at different locations in the U.S. Is there a problem with doing this? Answer: Since you will not actually …
Question: I have heard a great deal about the new REAL ID Act. Can you summarize its provisions. Answer: On May 11, 2005, President Bush signed Public Law 109-13, which included provisions of the REAL ID Act of 2005. This new measure provides for significant changes to existing immigration laws. Sec. 101: Tightens evidentiary standards …
Question: I am applying for the new PERM, but am having a very difficult time figuring out what is the prevailing wage and how to figure out what level it is. Can you please explain? Answer: There are four levels to any job. Level 1 (entry) is for beginning level employees who have a basic …
Question: I have a Perm Labor Certification that only took 3 months to get. However, now I am being told it will take years to actually get the Green Card. I am being told there is a “Quota Backlog” or “Retrogression“. What does this mean? Answer: The Immigration and Nationality Act sets limits on how …
Question: I have heard that there are a large number of new immigration bills that are in Congress. Can you give a summary? Answer: Yes, there are a significant number of bills. Whether they actually become law will only be determined by time. However, it does appear that there should be a significant number of …
Question: I have heard so much about the REAL ID Act, but do not really understand what it is. Can you explain? Answer: The REAL ID Act made two changes to INA § 242(a)(2)(B), an INA subsection added by IIRIRA that precludes federal court jurisdiction over certain discretionary decisions. One of these changes purports to …
Question: I have had my case denied in Immigration Court and I have heard about the REAL ID act and am very confused if I can get some type of judicial review of my case. Can you clarify? Answer: The REAL ID Act did not change the language of either subpart (i) or (ii) of …
Question: An employer wants to petition me for the next 6 months because of my knowledge in his industry. I do not seem to qualify for any types of visas that I know about. Do you have any ideas? Answer: Yes. You may qualify for the H-2B. The U.S. Citizenship and Immigration Services (USCIS) has …
Question: I heard that there are new requirements for the affidavit of support requirements. Can you let me know what they are? Answer: A person completing an Affidavit of Support (Form I-864) on behalf of an adjustment of status applicant is now only required to file one Federal income tax return, for the tax year …
Question: What changes to the prevailing wage process are caused by the H-1B Visa Reform Act of 2004? Answer: The two changes to the prevailing wage determination process for foreign labor certification due to the H-1B Visa Reform Act (effective on March 8, 2005) are: The wage required to be paid shall be 100 percent …
Question: I have been in the U.S. for the last 25 years and committed only 1 crime in 1996. However, I am in deportation now and they claim that I am an aggravated felon and not eligible for 212(c) relief and that I will be deported for the rest of my life. I committed the …