Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
I can file online! Question: I have heard that in the past the USCIS has accepted work permit applications on-line and that this program has been very effective. Why do they not accept more types of forms online? Answer: Actually, USCIS expanded their e-filing service online as of May 26, 2004. Now, the U.S. Citizenship …
Question: I live in a country that is very dangerous.It is not democratic and I decided to protest against the government in order to try to make some democratic changes.I was in a protest rally.Unfortunately, the government sent its soldiers out and killed many people.I escaped.However, The government suspects that I was in the protest …
H-1B’s and a Holiday Greeting!Question: I have heard that there are some new H-1B laws that have come out. Can you discuss what these changes are? Answer: Changes in Certain USCIS Fees The H-1B and L non-immigrant provisions of the Omnibus appropriations Act reinstate the American Competitiveness and Workforce Improvement Act (ACWIA) fees first put …
This article answers a common question for adoptive parents: whether a child you adopted can acquireU.S. citizenship. It is based on the Child Citizenship Act and guidance from U.S. immigration authorities. A family wrote in asking: Having adopted a child they could not have biologically, can their adoptedson become a U.S. citizen? The short answer …
We Have Hope Yet: A Biden-Era Immigration Path—New Hope for Immigrants There is a path forward. While U.S. immigration remains complex, recent policy trends have opened practical doors for many families and workers—and created space for fairer, faster decisions. Bottom lineHope is not a slogan—it’s a strategy. With the right category, waiver planning, and persuasive …
Question: I lost at the Immigration Court level. I appealed the decision about six months ago to the Board of Immigration Appeals (BIA). Now, I just received a decision from the Board of Immigration Appeals. The entirety of the decision essentially states that the case is denied without giving any reasoning whatsoever. There is nothing …
The Board of Immigration Appeals’ new BIA Policies Admonished by ABA Question: I appealed to the Board of Immigration Appeals (BIA). The decision took only three months and there was no analysis. How is the Board of Immigration Appeals making their decisions? Answer: Issued a scathing report on how the new regulations of how the …
Question: I am a Lawful Permanent Resident and have petitioned my spouse and child years ago.However, I am heartbroken because I have not been with them in years. Is there anything I can do? Answer: The Legal Immigration Family Equity Act (LIFE Act) established a nonimmigrant category within the immigration law. This allows the spouse or child of a …
BALCA: Why a Postal Receipt Without the Proper Address Is Not Enough for PERM In the PERM (Program Electronic Review Management) labor certification process, employers seeking to hireforeign workers must comply with strict recruitment and notice requirements. One common misunderstanding isthat simply providing a postal receipt (e.g., certified mail receipt) proves compliance with the Notice …
BALCA to Verify Employer finds the CO properly rejected an unsigned letter from the Employer certifying sponsorship of the alien for the position. Matter of Diamond Valley Contracting, 2009-PER-00121 (6/23/09). If an employer’s application for labor certification is denied, the employer may appeal the denial to Board of Alien Labor Certification Appeals (BALCA), which is under the Department of …
