Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
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 …
Question: I came here on an F1 Visa and later applied for a change of status to H-1B. However, I have been told that if I go back to the Philippines, that I must have an interview at the U.S. Embassy in the Philippines which could be denied (even though I was approved for the …
Question: I have been beaten by my husband and he never petitioned me. He was a lawful permanent resident, but was deported and now has no status. I really did love him at some point in the past. Is there something I can do? Answer: You do not have to stay in this relationship and …
Question: I have been in the U.S. for over 30 years. I’m illegal here, but cannot seem to find a way to get my status. Is there anything I can do? Answer: If you have been present in the United States since January 1, 1972, you may be eligible for the “registry” provisions of our …
Question: I have been fighting my case for some time and yet do not have anything. What can I do? Answer: As the year comes to an end, you need to try to give thanks for what you do have and then start again after the New Year. I am sure that you can appreciate …
Question: I need to leave the U.S. and am wondering if there is anything I need to do. Can you help? Answer: As the Holiday Season approaches, it is important for Permanent Residents to review the rules and regulations regarding travel outside of the United States and proper procedures for obtaining a Reentry Permit. A …
Question: I have heard that H-1B’s and H-2B’s are going quickly. Are they used up yet? Answer: The DHS recently published numbers of H-1B’s and H-2B’s currently used. The H-1B nonimmigrant visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States …
Question: I have just filed under the PERM program and it was very fast. In fact, it only took two weeks after filing. Now I was prepared to file for my Adjustment of Status application, but am told I cannot. What is going on? Answer: The U.S. Department of State (DOS) has released its monthly …
Question: I have a Masters Degree in Business Administration and want to obtain an H-1B. Are they all used up yet? Answer: The U.S. Citizenship and Immigration Services (USCIS) announced on May 24, 2005, that it has received approximately 6,400 H-1B petitions that will count against the Congressionally-mandated 20,000 cap exemption for fiscal year 2005 …
Question: I have heard a great deal about the Convention Against Torture and what might be needed. I have a friend that escaped his country because he thought he was going to be killed. However, I am not sure if the government knew that this group of rebels wanted to torture him. Will this qualify …
Question: I think I’m under LULAC, but never knew I could file again. I believed I missed the deadline. Is there anything I could do? Answer: Yes. U.S Citizenship and Immigration Services (USCIS) announced today that the filing deadline for applications for legalization under the terms of the CSS and LULAC (Newman) settlement agreements is …
Question: I understand that the new PERM applications can be submitted online. However, where the employer has established a sub-account for an attorney or agent is the attorney or agent permitted to submit applications on-line? Answer: Yes, attorney or agent may submit applications under the following circumstances. An employer must complete the registration process as …
Question: I am now in removal proceedings. I also have many friends who are in the same type of removal proceedings. However, all of us have different situations. Under what basis can we be put into removal proceedings? Answer: The Executive Office for Immigration Review (EOIR), an agency of the Department of Justice, oversees three …
Question: We just petitioned our child after not seeing him in our home country for over 2 years. He will be coming to the U.S. as a Lawful Permanent Resident. When can we apply for citizenship for him? Answer: On October 30, 2000, the Child Citizenship Act of 2000 (CCA) was signed into law. The …