Law Offices of Brian D. Lerner
Immigration Lawyer & Deportation Defense Nationwide | Free Consultation
USCIS’s new NTA policy and new restrictions on when immigration judges can issue continuances have made applying for a U visa a much riskier endeavor for undocumented crime victims, leading immigration attorneys to discourage them from applying in certain circumstances. Around 75% of those granted U visas are sexual assault, domestic violence, and human trafficking …
USCIS and CBP announced that they extended their joint pilot program for Canadian citizens seeking L‑1 nonimmigrant status under the North American Free Trade Agreement (NAFTA) through April 30, 2019. This pilot allows, but doesn’t require, Canadian citizens to request USCIS remotely adjudicate their petitioning employer’s Form I‑129 or I‑129S prior to their arrival or when …
The BIA dismissed the appeal and upheld the immigration judge’s determination that the respondent did not show eligibility for protection under the Convention Against Torture (CAT) based on the conditions of mental health facilities in Mexico.
USCIS updated its H‑2B cap count for FY2019, stating that it has received 23,503 beneficiaries towards the 33,000 cap for the first half of FY2019, with 20,155 approved and 3,348 beneficiaries pending.
The court issued an opinion affirming the district court’s January 9, 2018, entry of a preliminary injunction requiring DHS to adjudicate renewal applications for existing DACA recipients.
USCIS announced it is continuing to implement its June 28, 2018, policy memo on issuance of Notices to Appear (NTAs). Starting November 19, 2018, USCIS may issue NTAs based on denials of Forms I-914, I-914A, I-918, I-918A, I-360, I-929, and I-730, as well as I-485 when filed with these underlying form types.
USCIS issued a policy memorandum that amends the Adjudicator’s Field Manual to provide guidance on issues related to prospective adoptive parent suitability that may arise when adjudicating intercountry adoption cases. The memo is effective immediately except as specified and supersedes prior guidance.
DOL published a proposed rule for the H-2A visa program and, jointly with DHS, a proposed rule for the H-2B visa program to modernize recruitment requirements for both programs by replacing the currently required newspaper advertisements with electronic advertisements.
The number of immigrant children in federal custody has reached an all-time high. As the length of time these children remain in government facilities grows longer, the number of children in custody will likely continue to rise.
main:USCIS may issue a Notice to Appear (NTA) based on the denial of certain humanitarian applications and petitions as part of its continued implementationof the agency’s new NTA policy
EOIR supplemented its January 17, 2018, memo, Case Priorities and Immigration Court Performance Measures by announcing the tracking and expedition of “family unit” cases at ten immigration court locations. EOIR further supplemented the January memo by heightening the bar for overcoming a 180-day adjudication window, stating that for an immigration judge to grant a continuance resulting in an asylum …
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 …