Law Offices of Brian D. Lerner
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BALCA reversed the Certifying Officer’s denial and remanded the matter for certification where DOL had faulted the employer for not listing a relocation requirement in recruitment advertising and on the ETA Form 9089 for a position with a primary work site “and various unanticipated locations throughout the U.S.” The employer had relied on the 1994 Barbara Farmer …
USCIS issued a policy memorandum designating Matter of L-S-M- as an AAO adopted decision, which establishes this decision as policy guidance that applies to and binds all USCIS employees. Matter of L-S-M- clarifies that INA §240B(d)(2), which provides an exception for certain victims of domestic violence or related abuse to the civil penalties in INA §240B(d)(1) for failure to comply …
USCIS advised stakeholders that, effective December 18, 2015, H-2B workers identified as “returning workers” are exempted from the FY2016 annual H-2B cap of 66,000 visas, pursuant to the 2016 Consolidated Appropriations Act (Public Law 114-113). H-2B employers are urged to identify “returning workers” when filing petitions. H-2B Cap H-2B visa process H-2B Countries H-1B Temporary worker application
In a precedent decision issued today, the BIA held that the crime of endangering the welfare of a child in violation of §260.10(1) of the New York Penal Law, which requires knowingly acting in a manner likely to be injurious to the physical, mental, or moral welfare of a child, is categorically a “crime of child abuse, …
CBP announced that it is setting up a temporary holding facility adjacent to the Donna-Rio Bravo International Bridge in Donna, Texas, to provide additional capacity for unaccompanied children and family units in CBP custody at Ports of Entry and U.S. Border Patrol stations in the South Texas area. The temporary site can currently hold up to …
Where the Cuban respondent was paroled into the United States on August 25, 1980, as part of the Mariel Boatlift with an Arrival/Departure Record (Form I-94) stamped “Cuban/Haitian Entrant (Status Pending)” indicating that the purpose of his parole was for “Cuban Asylum,” the BIA held in a precedent decision issued today that the respondent was ineligible to …
ICE provided FAQs on an agreement between USCIS and ICE that establishes a process for updating fingerprint checks on non-detained respondents with cases pending before EOIR whose fingerprints have been taken, but whose fingerprint checks will expire prior to a final decision by EOIR (i.e., the checks are more than 15 months old). Fingerprint and immigration …
Matter of SILVA-TREVINO, 26 I&N Dec. 826 (BIA 2016) (1) The categorical and modified categorical approaches provide the proper framework for determining whether a conviction is for a crime involving moral turpitude. (2) Unless the controlling case law of the governing Federal court of appeals expressly dictates otherwise, the realistic probability test, which focuses on …
The respondent’s removability as an alien convicted of an aggravated felony was not established where section 76‑10‑508.1 of the Utah Code was not shown to be divisible with respect to the mens rea necessary for the offense to qualify as a crime of violence under 18 U.S.C. § 16(a)(2012), based on the Supreme Court’s decisions in Mathis …
Matter of ZARAGOZA-VAQUERO, 26 I&N Dec. 814 (BIA 2016)The offense of criminal copyright infringement in violation of 17 U.S.C. § 506(a)(1)(A) (2012) and 18 U.S.C. § 2319(b)(1) (2012) is a crime involving moral turpitude. Crimes Immigration and crimes Crimes definition Naturalization granted for person with crimes
Matter of IBARRA, 26 I&N Dec. 809 (BIA 2016) ID 3872 (1) A “theft offense” under section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 101(a)(43)(G) (2012), which requires the taking of property “without consent,” includes extortionate takings, in which consent is coerced by the wrongful use of force, fear, or threats. (2) …
Matter of Guzman-Polanco, 26 I&N Dec. 806 (BIA 2016) The crime of aggravated battery in violation of the Puerto Rico Penal Code is not categorically a crime of violence under 18 U.S.C. § 16(a) (2012), but controlling circuit court law should be followed regarding the question whether conduct such as the use or threatened use …
Matter of KHAN, 26 I&N Dec. 797 (BIA 2016) Immigration Judges do not have authority to adjudicate a request for a waiver of inadmissibility under section 212(d)(3)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(d)(3)(A)(ii) (2012), by a petitioner for U nonimmigrant status. Nonimmigrant waiver Fee waiver New waiver Nonimmigrant waiver by US …
Matter of CHAIREZ and SAMA, 26 I&N Dec. 796 (PDF) The Attorney General lifted the stay and remanded these cases to the Board of Immigration Appeals for appropriate action. Divisibility Immigration cases What is an immigration case? Our Immigration Law Firm
Matter of TIMA, 26 I&N Dec. 839 (BIA 2016) A fraud waiver under section 237(a)(1)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(H) (2012), cannot waive an alien’s removability under section 237(a)(2)(A)(i) for having been convicted of a crime involving moral turpitude, even if the conviction is based on the underlying fraud. Fee-waiver …