Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
The Ninth Circuit held that the BIA’s interpretation of the 10-year physical presence requirement for NACARA cancellation of removal for applicants inadmissible on certain criminal grounds as running from the most recent disqualifying conviction was reasonable.1:39 AM
The Fifth Circuit held that the BIA erred both in requiring the asylum petitioner to prove past persecution to establish a claim based on a well-founded fear of future persecution and in recharacterizing the petitioner’s claimed social group.
The New York Times reports that effective August 9, 2018, the Trump administration plans to crack down on international students and visitors who overstay their visas, stoking fears in the higher education community that President Trump’s aggressive immigration policies will hinder university efforts to attract the brightest minds from overseas.
The Fourth Circuit denied the petition for review, holding that an individual subject to a reinstated order of removal may not apply for asylum, even when the factual basis for the asylum claim did not exist prior to the original removal.1:22 AM
DHS announced that it is proposing a rule to end the International Entrepreneur Parole Program, which allowed certain foreign entrepreneurs to be considered for parole to temporarily come to the United States to develop and build start-up businesses. An advance copy of the proposed rule is currently available and comments will be accepted for 30 days after the …
DHS’s announcementthat an additional 15,000 H-2B visas will be available for the remainder of FY2018. An advance copy of the temporary rule increasing the H-2B cap has been made available to the public. The temporary rule is scheduled to be published in the Federal Register this Thursday, May 31, 2018.
The Ninth Circuit held that the petitioner’s complaints of poor memory, without evidence of an inability to understand the nature and object of the proceedings, were insufficient to show mental incompetency.
In March 2018, USCIS redesigned how it displays and calculates its processing times. Recently, USCIS published the national average processing times for select forms for FY2014 through FY2018, as of January 2018. These processing times are based on the age of the workload that USCIS has awaiting adjudication (pending cases) and combines data from all the USCIS offices.
USCIS announced the launch of its Freedom of Information Act (FOIA) Immigration Records SysTem (FIRST), which will eventually allow users to submit, manage, and receive FOIA requests entirely online.
DOL’s Office of Foreign Labor Certification (OFLC) published Form ETA-9142-B-CAA and its instructions in support of the DHS/DOL temporary rule increasing the FY2018 numerical limitation for the H-2B program, which was published today and is effective immediately
The Eighth Circuit denied the petition for review, holding that the BIA’s determination that the petitioner attempted to procure an adjustment of status by willfully misrepresenting that his marriage to a U.S. citizen was bona fide was supported by substantial evidence that the marriage was a sham. The court found that the unrefuted testimony and documentary …
The New York Times reports that a 10-year-old girl with cerebral palsy has been detained by federal immigration authorities in Texas after she passed through a Border Patrol checkpoint on her way to a hospital to undergo emergency gall bladder surgery. The girl, Rosamaria Hernandez, who was brought to the United States without documentation to live in …
The Seventh Circuit dismissed in part and denied in part the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny the Bosnian Serb petitioner’s application for a waiver of removal under INA §237(a)(1)(H). Accordingly, the court upheld the BIA’s determination that the petitioner, who had failed to disclose his participation …
Along with: In an effort to help mitigate delays associated with connecting State Workforce Agency (SWA) documentation to the employer’s pending H-2A or H-2B application and provide employers with better customer service, DOL’s Office of Foreign Labor Certification (OFLC) announced an update to its iCERT System to allow authorized SWA staff to electronically upload supporting …
BALCA overturned the Certifying Officer’s denial of the labor certification, finding that the regulations that control placement of Sunday ads versus local and ethnic ads differ, and that the employer was not required to place the local ad in the newspaper “most likely to bring responses.” BALCA overturns denial main BALCA denial Board of alien labor certification …