Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
Person had no proof of entry into the U.S. but we were able to show lawful entry, and therefore, she qualified to have her status adjusted to lawful permanent residency without any bars. It takes 7 to 33 months to process a Green Card application for a Canadian citizen. A permanent resident is a newcomer who Canada …
Immigration court case. The Court held that eligibility for 212(c) relief in removal proceedings does not require a plea agreement in reliance on pre-1996 law. Individual with pre-1996 conviction may still be eligible for 212(c) relief. (Lovan v. Holder, 7/31/09). A visa refusal, or ineligibility, under section 212(a)(4) of the INA means that the consular officer …
diversity visa lottery program. DOS announces that the opening of the registration period for the DV-2011 Diversity Visa lottery. Entries for the DV-2011 Diversity Visa lottery must be submitted, Electronically between noon, Eastern Daylight Time (EDT), Friday, October 2, 2009, and noon, Eastern Standard Time (EST), Monday, November 30, 2009. There is a limited period of time during …
Adjudication is USCIS’s decision process for Form N-400 (Application for Naturalization). It includes administrative intake, biometrics and FBI/agency name checks, review of the applicant’s A-file,a naturalization interview (in most cases), and a final decision (grant, denial, or continuation/RFE). Understanding each step helps applicants avoid delays and be prepared if USCIS requests more information. Adjudication of …
On 9/29/09 NY Attorney General Cuomo issued more subpoenas in an ongoing immigration fraud investigation. Nearly 100 organizations and individuals in the New York City area are under investigation for allegations of unlawfully providing legal services to immigrants. Courtesy Jan Brown. Punishment may include monetary sanctions (even imprisonment although extremely unlikely). The Attorney General’s investigation …
Of Responsibility” The Associate Attorney General of the Department of Justice and the Department’s Chief FOIA Officer testifies about the Freedom of Information Act (FOIA), And the efforts of the Department of Justice to implement the President’s January 21, 2009 FOIA Memorandum and the Attorney General’s March 19, 2009 FOIA Guidelines.
Policy on legal permanent residents — Lawful Permanent Residents (LPRs, “green card holders”) enjoy many of the same rights as U.S. citizens, but they also have specific obligations and vulnerabilities (for example, risk of loss of status after long trips abroad or certain criminal convictions). Below is a practical guide to the most important rules …
Person denied Adjustment due to abandonment of case; We made a Motion to Reopen/Appeal based upon non abandonment. Granted and now person will get Green Card in 30 days Motion to Reopen — granted: what it means and what comes next When a motion to reopen is granted, an immigration judge or the Board of …
Four hundred twenty-three criminal aliens from 36 different countries. Were removed last month by deportation officers.From the Ice Miami Field Office of Detention and Removal. The individuals who were removed had a variety of criminal convictions including assault, Burglary, Drugs, fraudulent activities, Larceny, Robbery, sexual assault and weapons offenses.
BALCA affirms the denial of a labor certification On the ground that the Employer’s Notice of Filing, Failed to include any information on how to contact the appropriate CO. matter of Ron Lopes, LLC, 2009-PER-00009(6/30/09). Failure to comply with the 180-day and 30-day timing deadlines noted above can result in a Labor Cert denial. Missing one …
Board of Alien Labor Certification affirms the Denial of Labor Certification on the ground that the employer provided no proof the job order actually ran. Furthermore, there was no proof that it ran for at least 30 days and fit within the regulatory time constraints of 656.17(e). Matter of Van Bui, D.D.S., 2009-PER-00144(7/01/09).
A September 15, 2009, memo from Lori Scialabba and Donald Neufeld directs USCIS officers. This applies if the only ground of inadmissibility is that the applicant has been diagnosed with HIV infection. The Scialabba Memo, issued in September 2009, marked a pivotal shift in U.S. immigration policy. It directed USCIS officers to hold in abeyance …
Nominated for CBP Commissioner Alan D. Bersin is currently the Assistant Secretary, Serves as Assistant Secretary for International Affairs and Chief Diplomatic Officer for the U.S. Department of Homeland Security (DHS) Office of Policy. Guided CBP’s efforts to secure the nation’s borders and mitigate threats while expediting lawful trade and travel. In 2009, Bersin served …
The BIA sustained the appeal and remanded the case back to the Immigration Judge (IJ) where the IJ ordered the defendant removed in absentia, when the failure to appear only occurred because the defendant was in state custody, Matter of EVRA, 25 I&N Dec. 79 (BIA 2009).
The BIA finds that lawful permanent residents may be eligible to apply for special rule cancellation of removal for battered spouses under section 240A(b)(2) of the Act per Congressional intent.Matter of Martinez, 25 I&N Dec. 66 (BIA 2009).