Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
The BIA dismissed the appeal and found respondent was inadmissible due to her likelihood of becoming a public charge, stating that even though the respondent divorced, she was required to provide an affidavit of support from her former husband.
The DOL Office of Foreign Labor Certification (OFLC) issued guidance regarding California wildfires, stating that extensions will be granted for issues that arise from disaster-related conditions, including delays caused as a result of the disaster.
An autopsy released yesterday shows that Roxsana Hernández, a Honduran trans woman who died in ICE custody, was likely physically abused at a privately operated ICE detention center before she died of untreated dehydration. ICE announced yesterday that Mergensana Amar, a Russian man who attempted suicide at an ICE detention center earlier this month, passed away …
Wilder Maldonado, who was separated from his father at the border and is facing immigration proceedings alone. ICYMI, the LA Times Published Published an op-ed earlier this week by a former DOJ employee about why he resigned from his position at the Los Angeles immigration court. Gianfranco de Girolamo writes, “I couldn’t stand by, or be complicit in, a mean-spirited …
The city of Baltimore filed a lawsuit in federal district court challenging a change made by DOS to the Foreign Affairs Manual (FAM) in January 2018 which expanded the scope of the FAM’s “public charge” provision. The complaint asks the court to vacate the FAM change due to it being “arbitrary and capricious, procedurally infirm, and unconstitutional.”
The 9th Circuit just ruled that it was unlawful for Trump to deny Central Americans into the U.S. to apply for asylum and cannot unilaterally stop asylum laws.
USCIS issued a reminder that F-1 students who have an H-1B petition that remains pending on October 1, 2018, risk accruing unlawful presence if they continue to work on or after October 1, 2018, unless otherwise authorized to continue employment, as their “cap-gap” work authorization is only valid through September 30, 2018. See AILA’s practice pointer on this …
USA Today reports on an unannounced inspection of the Adelanto ICE Processing Center, operated by the GEO Group. In its report, the DHS Office of the Inspector General identified serious violations, including improper use of disciplinary segregation, guards ignoring the presence of more than a dozen nooses fashioned out of bedsheets, and inadequate medical care.
The BIA found that the amendment to §18.5 of the California Penal Code, which retroactively lowered the maximum possible sentence that could have been imposed for a foreign national’s state offense from 365 days to 364 days, does not affect the applicability of INA §237(a)(2)(A)(i)(II) to a past conviction for a crime involving moral turpitude “for …
USCIS announced that on September 17, 2018, it transferred certain Forms I-539, Application to Extend/Change Nonimmigrant Status, for F, M, J, or B nonimmigrants from the Vermont Service Center (VSC) to the Texas Service Center (TSC).
Today, USCIS published a notice of proposed rulemaking in the Federal Register to revise the regulations on inadmissibility on public charge grounds.
Mother Jones reports on ICE’s use of family separation outside of the context of the “zero-tolerance” border policy, sharing the story of a woman who was detained with her 2-year-old daughter after they fled Honduras. The mother passed her credible fear interview, and then her daughter was separated from her because the mother was found to be …
The Associated Press reports that after the Military Accessions Vital to the National Interest (MAVNI) recruiting program was put on hold in 2016, the Army began discharging the immigrants with language or medical skills who had enlisted through the program without explanation.
CBP released an updated statement regarding Canada’s legalization of marijuana. According to the updated statement, Canadian citizens who work in the legal marijuana industry in Canada and whose travel to the United States is unrelated to the marijuana industry “will generally be admissible,” but individuals whose travel to the United States is found to be for …
USCIS is updating policy guidance in its Policy Manual to clarify the married and living in marital union requirements for naturalization under INA §319(a). The updated guidance is effective immediately, is controlling, and supersedes any prior guidance on this matter.