Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
If you have come to the U.S. as a refugee or been granted asylum in the U.S. — whether from the Asylum Office of U.S. Citizenship and Immigration Services or by an Immigration Judge in court — you are now allowed to live in the U.S., accept U.S. employment, and travel and return (with a …
On October 12, 2017, USCIS changed the direct filing addresses for petitioners of Form I-129, Petition for Nonimmigrant Worker. Petitioners must now file Form I-129 according to the state where the company or organization’s primary office is located. In addition, petitioners located in Florida, Georgia, North Carolina, and Texas must now file Form I-129 at the California …
Question: I entered the United States a couple of months ago as a visitor and would now like to work in the United States. I have a degree in Business with an emphasis in accounting and have a couple of firms interested in hiring me. Do I qualify for a work permit, and if so, …
In a case before the BIA on remand from the Ninth Circuit for further clarification of portions of the agency’s April 2011 decision in Matter of D-R-, the BIA held in a precedent decision issued today that a misrepresentation is material under INA §212(a)(6)(C)(i) when it tends to shut off a line of inquiry that is relevant to …
The new policies “systematically deprive people coming to the United States of due process and the opportunity to apply for legal relief to which they may be entitled under law.”
Retired immigration judges (IJs) and former members of the BIA expressed disappointment in Attorney General Jeff Sessions’ decision in Matter of Castro-Tum, which held IJs and the BIA do not have authority to administratively close cases unless they meet very narrow criteria. The National Association of Immigration Judges (NAIJ) sent a letter on January 30, 2018, urging Sessions to affirm the …
The BIA sustained DHS’s appeal and reinstated removal proceedings, after finding that INA §101(a)(43)(K)(i) encompassed offenses related to the operation of a business that involves engaging in, or agreeing to engage in, sexual conduct for anything of value.
Top Senate and House Democrats sent a letter to DOJ’s Inspector General, requesting an investigation into allegations that DOJ has targeted candidates and delayed job offers for immigration judge (IJ) and BIA positions based on the candidates’ perceived political or ideological views.
Plaintiff companies filed a motion in a New Jersey district court for a temporary restraining order and preliminary injunction challenging USCIS’s policy memo on contracts and ititeraries requirements for H-1B petitions involving third party worksites and the special eligibility requirements for job contractors participating as employers in the H-1B program.
A group of DACA recipients filed a motion to intervene in a lawsuit challenging the DACA program that was filed by Texas and six other states earlier this month, arguing that their interests are not represented in the case, given the plaintiff states and the defendant, the federal government, all oppose the DACA program.
The Eleventh Circuit denied the petition for review, holding that substantial evidence supported the BIA’s findings that the petitioner, who sought asylum based on claimed persecution due to his support of gay rights in Cameroon, did not experience past persecution and did not have a well-founded fear of future persecution.
On three BIA decisions that the Attorney General has referred to himself for review, as well as a proposal in DOJ’s spring 2018 regulatory agenda that could widen the Attorney General’s power over the immigration court system
USCIS Policy Memo on Accrual of Unlawful Presence and F, J, and M Nonimmigrants So it would seem that F and J status people out of status may start accruing unlawful presence.
DOJ announced that Attorney General Jeff Sessions notified all U.S. Attorney’s Offices along the southwest border of a new “zero-tolerance policy” for offenses under 8 U.S.C. §1325(a), which prohibits both attempted illegal entry and illegal entry into the United States by an individual. Sessions further directed the U.S. Attorney’s Offices to prosecute all DHS referrals for …
Yesterday, President Trump announced that effective April 13, 2018, Chad is no longer subject to the restrictions and limitations of Presidential Proclamation 9645, commonly known as Travel Ban 3.0. DOS and DHS also issued statements about the president’s decision.