Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
Question: My Company was petitioning in an employee for the Labor Certification. We have waited years for this employee to come and work for us. However, last month he told us that he was no longer interested in the job. We feel somewhat betrayed as we waited all this time for his Labor Certification to …
Question: I married what I thought was a very loving man. However, after I came to the U.S., he started beating me. Now he threatens that if I tell anyone, he will have me deported and not help me with my petition. What can I do? Answer: Generally, U.S. citizens (USC) and Lawful Permanent Residents …
Question: I have heard a lot about upcoming immigration reform and bills to help immigrants obtain jobs. However, I know many people who have been working under the table for a very small wage. Do know what laws may be coming and how they might help immigrants? Answer: There has been the introduction in the …
Question: I have a college degree in accounting and an employer that wants to sponsor me. I have been told that I qualify for the H-1B, but that there may be a problem with getting the H-1B adjudicated. My application was submitted about one week ago. I better hurry to get the application in to …
Question: My husband and I have tried for years to have a baby. Unfortunately, we have been unable. However, we have found a beautiful baby girl from the Far East. She is an orphan and we thought we could just adopt her and bring her back to the U.S. It appears that this is not …
Question: I appealed to the Board of Immigration Appeals (BIA). The decision took only three months and there was no analysis. I read an article of yours last week on a similar subject. Is there anything being done about the way the BIA is making there decisions? Answer: Actually, since last week, the American Bar …
Question: I have heard that some new case just came down as a victory for a person filing for asylum. Is that true. Answer: Yes. For years due process rights have been stripped away from aliens. These people who come into the United States are at the mercy of the laws of the United States. …
Question: I am a registered Nurse in the Philippines and I have passed the CGFNS. I have heard that there are new regulations for health care workers. Is that true? Answer: Yes, new regulations were just implemented. These new regulations apply to temporary health care workers as well as the health care workers applying for …
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9th Circuit case granted — When the U.S. Court of Appeals for the Ninth Circuit “grants” a case, the practical meaning varies. A grant can mean the court has accepted review (petition granted). Alternatively, it may indicate the court has stayed a lower-court order. Or it has ordered rehearing (including rehearing en banc). Below is …
Case remanded to immigration judge — When a higher tribunal (the Board of Immigration Appeals or a federal court) remands a case to an Immigration Judge (IJ), the IJ receives the case back with instructions. Therefore, counsel must understand the remand scope, expedite necessary procedures, and preserve issues for any further appeal. Read on for …
EOIR will open the Saipan Immigration Court in Saipan, Northern Mariana Islands, on 11/30/09. The Saipan will conduct proceedings for respondent in the Northern Mariana Islands.
On 11/27/09, USCIS announced the publication of a guidance memorandum entitled Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications by Brian D. Lerner, Immigration Attorney. The standards for adjudicating O and P petitions fi led by a petitioner acting as a U.S. agent for a beneficiary or beneficiaries …
Who meets the definition of a “infant” under INA § 101(b)(1)(B), 8 U.S.C. § 1101(b)(1)(B) (2006), is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under the act. Matter of Portillo-Gutierrez, 25 I&N Dec. 148 (BIA 2009). A stepchild is a child born to or legally adopted by …