Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
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 deportation rates of undocumented immigrants have increased in the federal Immigration Court for the first time in eight years as President Trump starts to make good on his promise to expel millions of people. But even as the Trump administration expands its dragnet, the court is so backlogged that some hearings are being scheduled as far …
On September 24, 2017, President Trump issued a presidential proclamation establishing a new travel ban with visa restrictions on Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. If you are in this, check with an Immigration Lawyer for your options
The Tenth Circuit granted the petition for review and remanded, holding that a significant increase in the level of persecution constitutes a material change in country conditions for purposes of INA §240(c)(7)(C). The court found that the BIA abused its discretion by denying on factually erroneous, legally frivolous, and logically unsound grounds the petitioner’s motion to …
You should start thinking about preparing and getting ready the H-1B you might qualify for in order to try to be in this years allotment of H-1B’s.
There are indications that ICE has revoked a policy issued in August 2016 recommending that pregnant people “generally not be detained” and is currently detaining pregnant people “at the rate of one per day.” Cases of pregnant women being detained by ICE have been detailed in an administrative complaint filed with DHS on behalf of these women.
Touting national security concerns, President Trump has been swiftly implementing burdensome, ineffective, and unnecessary policies through executive actions and memoranda, including implementing several travel bans on Muslim-majority countries and refugees, and now requiring USCIS to conduct in-person interviews for people who have already been thoroughly vetted. Federal agencies like DHS and DOS are not being transparent about how …
Court Reverses BIA’s Determination That Salvadoran Petitioner Failed to Show Persecution on Account of Her Family Membership The Fourth Circuit granted the petition for review and remanded, holding that, in affirming the IJ’s clearly erroneous factual finding that ignored critical evidence in the record, the BIA abused its discretion. The court found that the Salvadoran petitioner’s …
You must remember to certify all translations in accordance with immigration law or it will be rejected.
The new act is proposed to legislate the DREAM ACT in order to give the 800,000 young people a way to legally stay in the U.S. Call your congressional representative to vote ‘Yes’ on it
On September 24, 2017, President Trump issued a presidential proclamation, titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats,” establishing a new travel ban with visa restrictions on Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. Restrictions vary between countries; DOS has …
Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017) (1) The primary consideration for an Immigration Judge in evaluating whether to administratively close or recalendar proceedings is whether the party opposing administrative closure has provided a persuasive reason for the case to proceed and be resolved on the merits. Matter of Avetisyan, 25 I&N Dec. 688 …
Think of getting married after 2 months of entry? Think again. Question: I entered a couple of months ago to the U.S. I want to get married and file my adjustment application. Do you see any problems with that? Answer: Yes, it will be a problem. On September 1, 2017, the Department of State (DOS) …
On September 18, 2017, USCIS resumed premium processing for all H-1B petitions subject to the FY 2018 cap. Premium processing has also resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master’s degree or higher educational degree. USCIS previously resumed premium processing H-1B petitions filed on behalf of …
The New York Times reports that Trump administration officials, under pressure from the White House to provide a rationale for reducing the number of refugees allowed into the United States next year, rejected a study by the Department of Health and Human Services that found that refugees brought in $63 billion more in government revenues over the …