Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
HIV Travel Ban Rule. On 10/30/09, President Obama announced the elimination of the HIV entry ban at the signing of the Ryan White HIV/AIDS Treatment Extension Act of 2009. The President stated that on 11/2/09 his Administration will issue a final rule to repeal the ban. The final rule is effective on 1/4/10. Some countries …
AAO sustains appeal, Finding that the occupation of a “market research analyst” does not require specification of one or more fields of study for a Master’s degree. AAO based its conclusion on OOH and O*Net, To confirm that the offered position requires at least a bachelor’s degree and in some cases a Master’s. Decisions like …
Public Awareness of Trafficking Victims. Increasing public awareness about the risks and signs of human trafficking is an important piece of any anti-trafficking strategy. Victims often have quotas and can face severe punishment if they do not perform adequately. This care includes medical care, psychological counseling, legal assistance, and social support. The ultimate goal of …
AAO finds profession of computer software engineer — When the Administrative Appeals Office (AAO) concludes that a job is properly classified as a computer software engineer, the decision clarifies which duties, skills, and education the government expects; therefore employers and counsel should update job descriptions, assemble specific technical evidence, and map duties to degree coursework …
Memo Amends on Form I-140. On 09/14/09, USCIS issued a memorandum amending the Adjudicator’s Field Manual (AFM) on Form I-140 Issues (AFM Update AD07-26). Various issues relating to labor certification applications approved by DOL and filed in support ofFonn 1-140 petitions. USCIS processing time for an I-140 Petition is typically four to six months. However, for …
On 10/30/09, DOS Assistant Secretary Eric P. Schwartz of the Bureau of Population, Refugees, and Migration outlined the US government’s four broad foreign policy objectives regarding statelessness in his remarks on “Protecting Stateless Persons: the Role of the U.S. Government” at the Conference on Statelessness sponsored by Refugee Council USA.
H-1B Petition Process and Recent Changes Temporary Policy (2009-2010): From November 2009 to March 2010, USCIS temporarily allowed the acceptance with uncertified Labor Condition Applications (LCAs). This was a response to processing backlogs at the Department of Labor (DOL) caused by the new “iCERT” system. Current Electronic Registration System: The process for H-1B cap-subject petitions …
DOS released the Visa Bulletin for December 2009. Section D indicates that legislative action which occurred during October 2009 has expand the Employment Fourth liking Certain Religious Workers and Employment Fifth liking Investor Pilot program group through 09/20/12. This bulletin summarizes the availability of immigrant numbers during December. Section 201 of the Immigration and Nationality Act …
On 11/12/09, USCIS issued an extension of an existing Information Collection; Comment Request, For the Form I-134, Affidavit of Support. The comment period will be extended until 1/11/10
Arriving Aliens and Motions to Reopen, with a narrow anomaly not related to this case, the United States Citizenship and Immigration Services (“USCIS”) has full jurisdiction to judge an arriving alien’s application for adjustment of status under 8 C.F.R. § 245.2(a)(1) (2009) and agrees that it retains jurisdiction to settle the application even where an …
Deportation due to criminal convictions: what triggers it—and how to fight back Certain convictions can make a noncitizen deportable or inadmissible, affect bond, and block future immigration benefits. However, the outcome depends on the exact statute, record of conviction, and your immigration history. We analyze the law with a categorical approach and build the safest …
Hello: Filing for Bankruptcy has no effect on filing for Citizenship. Sincerely, Brian D. LernerAttorney at Lawcaliforniaimmigration.usebankruptcyatty.com
Hello: There are different issues here. If there was an abusive relationship, then charges should be brought. On her grounds, there is the VAWA petition that allows persons in her exact situation to file for a self-petition for battered spouses. Sincerely, Brian D. LernerAttorney at Lawcaliforniaimmigration.us
Hello: A Waiver showing a bona-fide marriage is considerably more than showing leases and car purchases. Normally, my firm puts together an attorney-cover letter supported by declarations, affidavits and other supporting evidence. If it is denied, then it will most likely be referred to Immigration Court for removal proceedings. Sincerely, Brian D. Lerner Attorney at …
