Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
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 …
USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. This rule goes …
Matter of DIAZ-LIZARRAGA, 26 I&N Dec. 847 (BIA 2016) (1) A theft offense is a crime involving moral turpitude if it involves a taking or exercise of control over another’s property without consent and with an intent to deprive the owner of his property either permanently or under circumstances where the owner’s property rights are …
USCIS announced that it has received enough petitions to reach the numerical limit of 12,998 workers who may be issued CNMI-Only Transitional Worker (CW-1) visas or otherwise provided with CW-1 status for FY2017. The final receipt date for CW-1 worker petitions requesting an employment start date before October 1, 2017, was October 14, 2016. https://cbocalbos.wordpress.com/tag/cw-1/ https://cbocalbos.wordpress.com/tag/american-workers/ https://cbocalbos.wordpress.com/tag/immigration-workers/ …
The Eighth Circuit held that the district court did not err in relying on the petitioner’s certified naturalization application, his sworn statements, and corroborating letters, when it denied his naturalization petition on the grounds that he had violated the terms of his religious worker visa by accepting employment before receiving authorization to do so. https://cbocalbos.wordpress.com/tag/unauthorized-employment/ https://cbocalbos.wordpress.com/tag/employment/ https://cbocalbos.wordpress.com/tag/employment-authorization/ …
In a question of first impression for the federal courts, the Ninth Circuit denied the petition for review, holding that a noncitizen who is issued an expedited removal order at a U.S. border-crossing checkpoint has entered the United States for purposes of reinstatement of removal under INA §241(a)(5). The court noted that its decision is limited to …
DHS extended Temporary Protected Status (TPS) for eligible nationals of Nepal (and those without nationality who last habitually resided in Nepal) for an additional 18 months, effectiveDecember 25, 2016, through June 24, 2018. The 60-day re-registration period runs throughDecember 27, 2016. This extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD) with …
the U.S. Supreme Court denied without comment the DOJ’s request to rehear United States v. Texas once a ninth Supreme Court justice is confirmed. https://cbocalbos.wordpress.com/tag/immigrationattorney/ https://cbocalbos.wordpress.com/tag/immigrationlawyer/ https://cbocalbos.wordpress.com/tag/best-immigration-lawyer/ https://californiaimmigration.us/our-immigration-law-firm/
BALCA upheld the Certifying Officer’s denial, holding that advertisements posted at a college preparatory school constituted in-house advertisement and not on-campus recruitment at a college or university, and thus did not satisfy the professional pre-filing recruitment requirements of 20 CFR §656.17(e)(1)(ii)(A)–(J). https://cbocalbos.wordpress.com/tag/balca/ https://cbocalbos.wordpress.com/tag/balca-denial/ https://cbocalbos.wordpress.com/tag/balca-remanded-the-case-for-certification/ https://californiaimmigration.us/balca-affirms-lc-denial-due-to-notice-of-filing-deficiency/
University professors who have clinical duties may be eligible for permanent residence through a PERM labor certification application based on special handling with limited special recruitment; a hybrid PERM using basic recruitment; or a Schedule A, Group II, application. https://cbocalbos.wordpress.com/tag/perm-2/ https://cbocalbos.wordpress.com/tag/perm-labor-certification/ https://cbocalbos.wordpress.com/tag/lawful-permanent-residence/ https://californiaimmigration.us/our-immigration-law-firm/
The Associated Press reports that a 31-year-old U.S. citizen who was born in an Indonesian refugee camp filed a lawsuit in federal court on Tuesday to challenge a newly amended Louisiana law that blocked him from obtaining a marriage license because he couldn’t produce a birth certificate. The law requires any foreign-born person wanting to get married in Louisiana …
After referring Matter of Chairez and Matter of Sama to herself for review of an issue relating to Descamps v. United States, and after inviting amicus briefs addressing the proper approach for determining “divisibility” within the meaning of Descamps, the Attorney General (AG) lifted the stay and remanded the two cases to the BIA for any appropriate action in light of the U.S. …
In a precedent decision issued today, the BIA held that IJs lack the authority to adjudicate a request for a waiver of inadmissibility under INA §212(d)(3)(A)(ii) by a petitioner for U nonimmigrant status. The BIA also concluded that the Seventh Circuit’s decision in L.D.G. v. Holder did not expressly find the language of §212(d)(3)(A) to be unambiguous, which would …
The Fourth Circuit held that the BIA erred in concluding that the petitioner was an aggravated felon who was ineligible for cancellation of removal under INA §240A(a)(3), finding that a conviction for receipt of embezzled property under 18 USC §659 is not an aggravated felony under the categorical approach https://californiaimmigration.us/california-penal-code-regarding-unlawful-sexual-intercourse-with-a-minor-compares-the-similar-charges-of-aggravated-felony/ https://cbocalbos.wordpress.com/tag/aggrvated-felony/ https://cbocalbos.wordpress.com/tag/aggravated-felony/ https://cbocalbos.wordpress.com/tag/felony/