Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
DOL announced that the iCERT system is experiencing an outage due to the unprecedented demand for H‑2B certifications received within the first five minutes of the semi-annual H‑2B certification process, which opened on January 1, 2019, at 12:00 am (ET). DOL stated it is working diligently to resolve the issue and will give at least 24 …
The Associated Press reports on the increase in denials of applications for special immigrant juvenile status following USCIS’s change to how it handles cases involving immigrant children who turned 18 before their paperwork had been completed. Lawsuits have been filed in New York and California to challenge the policy change and denials.
Acting Attorney General Matthew Whitaker announced that in light of the lapse in appropriations, he is suspending the briefing schedules for Matter of Castillo-Perez and Matter of L–E–A–, two cases that he referred to himself for review. New briefing schedules will be set when DOJ and DHS receive funding permitting them to resume normal operations. In both cases, …
USCIS issued a policy memo providing guidance to its officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence. The memo goes into effect today and applies to all Form I-751 petitions received on or after December 10, 2018.
USCIS announced that it reached the H‑2B cap for the first half of FY2019. December 6, 2018, was the final receipt date for new cap-subject H‑2B petitions requesting an employment start date before April 1, 2019.
In a statement to the press about today’s ruling striking down key portions of then-Attorney General Jeff Sessions’ decision in Matter of A‑B‑ Thus, the Courts show that you cannot just arbitrarily and without any reason of law strike down protections against asylum.
The district court issued an opinion finding that several of the credible fear policies articulated in Matter of A-B- and a subsequent Policy Memo, including the general rule against domestic violence and gang-related claims, are arbitrary and capricious and contrary to law. The court enjoined the government from continuing to apply the unlawful policies and from removing plaintiffs who …
The district court, which had previously entered a temporary restraining order against the implementation of the November 9, 2018, interim final rule on asylum claims along the southern border, issued a preliminary injunction prohibiting the government from taking any action continuing to implement the rule.
DHS announced a new policy that would force most asylum seekers who have passed a preliminary screening to remain in Mexico pending a full hearing before an immigration judge.
Insider reports on Peter Brown, a U.S. citizen born in Philadelphia, who was held by Florida’s Monroe County Sheriff’s Office on an ICE detainer and told he would soon be transferred to a prison in Jamaica, a country he had only visited once on a cruise
In compliance with congressional requirements described in the FY2018 DHS Appropriations Bill, ICE has provided reports regarding in-custody detainee deaths beginning in FY2018. According to a report by Human Rights Watch, the ACLU, the National Immigrant Justice Center, and Detention Watch Network, “More people died in immigration detention in fiscal year 2017 than any year since 2009” and immigration …
The American Immigration Council filed a lawsuit on behalf of a U.S. company, challenging USCIS’s denial of an H‑1B extension petition for a Computer Systems Analyst on the grounds that it is “not a specialty occupation.” The case is co-counseled with Frederikson & Byron, P.A., as part of the Council’s efforts to encourage federal court challenges to arbitrary decisions.
Motion To Vacate to a LPR convicted of Felony – Motion to Vacate granted for lawful permanent resident who was convicted of an aggravated felony (drug trafficking) in 1982. Client’s plea was withdrawn and his case dismissed by the DA and he can now travel safely in and out of the United States and also …
Visa approved for Client whose marriage visa was denied at the U.S. consulate, who then reentered the U.S. unlawfully and was ordered removed from the country. After all appeals were denied, Client applied for a U visa and several stays of removal. Client can now remain in this country with his children and become a …
AOS for FN placed in removal proceedings – Application for adjustment of status granted for Client that was placed in removal proceedings because of a DUI. Client can now stay in the United States with her husband and young son.