Law Offices of Brian D. Lerner
Immigration Lawyer & Deportation Defense Nationwide | Free Consultation
(1) The generic definition of “perjury” in section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (2012), requires that an offender make a material false statement knowingly or willfully while under oath or affirmation where an oath is authorized or required by law. (2) The crime of perjury in violation of section …
New Fees went into effect on December 23, 2016. You should use the new forms as well.
Today the Secretary of the Department of Homeland Security, Jeh Jonson, has designated as precedential the USCIS Administrative Appeals Office’s (AAO) decision in Matter of Dhanasar. This precedent decision vacates Matter of New York State Dep’t of Transp., 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998). The case can be found in the Virtual Law Library of the Department of Justice’s Executive Office for …
Where the Department of Homeland Security seeks to re-serve a respondent to effect proper service of a notice to appear that was defective under the regulatory requirements for serving minors under the age of 14, a continuance should be granted for that purpose. Matter of E-S-I-, 26 I&N Dec. 136 (BIA 2013), followed. Defective NTA Deficient …
(1) An untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2012). Luciana v. Att’y Gen. of U.S., 502 F.3d 273 (3d Cir. 2007), distinguished. Matter of X-M-C-, 25 I&N Dec. 322 (BIA 2010), followed. (2) The respondent’s asylum application is frivolous because he deliberately …
Regulations governing the requirements and procedures for victims of human trafficking who seek T nonimmigrant status, in order to respond to public comments on the initial 2002 T visa rule and conform with legislation that has since been passed. The interim rule will take effect on January 18, 2017. Comments on the amendments to Form …
The Third Circuit reversed the BIA and remanded, holding that 8 CFR §245.1(i), which effectively bars K-4 visa holders who were between 18 and 21 years old when their parent married a U.S. citizen from obtaining lawful permanent residence without first returning to their home country, is invalid, because it is “manifestly contrary” to the INA. Accordingly, …
USCIS notified stakeholders that on June 3, 2016, with the help of the National Visa Center (NVC), it issued the third round of invitations to apply for the Haitian Family Reunification Parole (HFRP) Program, which allows certain eligible Haitian beneficiaries of family-based immigrant visa petitions approved on or before December 18, 2014, to be paroled into …
The U.S. District Court for the District of Arizona issued an order finding that CBP is violating the constitutional rights of immigration detainees by holding them in conditions of confinement that fail to meet their basic human needs, and directing CBP to take certain steps to improve conditions in those facilities, known as hieleras. The injunction stems …
Reuters reports that on Monday leaders of both houses of California’s legislature introduced two bills to protect undocumented immigrants in the state from efforts to deport them once President-elect Donald Trump takes office on January 20, 2017. One measure would set up a fund to pay for lawyers for immigrants facing deportation. The other would train criminal …
The Ninth Circuit upheld the BIA’s decision refusing to consider the Peruvian petitioner’s adjustment of status application because he entered the United States using a fraudulent Italian passport to gain the benefits of the Visa Waiver Program (VWP), holding as a matter of first impression that a noncitizen who fraudulently enters the United States under the VWP …
Applying the reasoning from Matter of A Cut Above Ceramic Tile, BALCA reversed the Certifying Officer’s denial of the labor certification, finding that an employer is not required to retain or provide proof of publication of its State Workforce Agency (SWA) job order which can be sufficiently documented by listing the start and end dates of the job …
On October 31, 2016, former Immigration Judges and BIA members sent a letter to DHS Secretary Jeh Johnson to express concern and disappointment regarding the dramatic increase in the numbers of men, women, and children detained by ICE, stating, “On the basis of our experiences as immigration jurists, we know this expansion comes at the expense of …
In a precedent decision issued today, the BIA clarified Matter of Vo, holding that, within the jurisdiction of the Ninth Circuit, a returning lawful permanent resident (LPR) who has a felony conviction for solicitation to possess marijuana for sale is an arriving alien who is inadmissible under INA §212(a)(2)(A)(i)(I) for having committed a crime of moral turpitude …
This U.S. News and World Report article reports that the U.S. Supreme Court will hear arguments on Wednesday over whether immigrants facing deportation can be detained indefinitely for months or even years without a hearing. The case, Jennings v. Rodriguez, could have broad implications for President-elect Donald Trump’s proposals to step up immigration enforcement and ramp up deportations. …