Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
In a precedent decision issued today, the BIA held that a noncitizen seeking to acquire lawful permanent resident status through the legalization provisions of INA §245A must establish admissibility at the time of adjustment of status under §245A(b)(1). The BIA also held that a noncitizen who was inadmissible at the time of adjustment of status from temporary …
BALCA upheld the denial of the labor certification where the recruitment report was signed by an agent, rather than the employer, in direct violation of 20 CFR §656.17(g)(1), which requires either the employer or its representative to sign the recruitment report. https://cbocalbos.wordpress.com/tag/balca/ https://cbocalbos.wordpress.com/tag/board-of-alien-labor-certification-appeals-balca/ https://cbocalbos.wordpress.com/tag/balca-denial/ https://californiaimmigration.us/labor-certification-appeal-granted/
In a precedent decision issued today, the BIA held that direct sibling-to-sibling DNA test results reflecting a 99.5 percent degree of certainty or higher that a full sibling biological relationship exists should be accepted and considered to be probative evidence of the relationship. https://cbocalbos.wordpress.com/tag/dna-testing/ https://cbocalbos.wordpress.com/tag/dna/ https://cbocalbos.wordpress.com/tag/family-relationship/ https://californiaimmigration.us/visas/u-1-visa-for-victims-of-crime/
USCIS posted an alert today that it is transferring certain petitions for L-1 nonimmigrant status (and accompanying I-539s and I-765s for L-2 derivatives) from the VSC to the CSC, and is similarly transferring certain H-1B petitions and associated derivative applications from the VSC to the NSC. Starting yesterday, the Lockbox began sending certain cases to the Potomac Service Center, including all …
Today, DHS Secretary Jeh Johnson announced that the government plans to resume regular deportations of Haitians. https://cbocalbos.wordpress.com/tag/haitian-f-1-students/ https://cbocalbos.wordpress.com/tag/haitian-orphan/ https://cbocalbos.wordpress.com/tag/paroled-haitian-orphans/ https://californiaimmigration.us/can-they-deport-me-again/
The Eighth Circuit upheld the BIA’s finding that the petitioner failed to meet his burden of proving that his state court conviction for theft in the fourth degree, a crime involving moral turpitude, was vacated for a substantive or procedural reason and not for immigration purposes. The court also found that the IJ did not err when …
The Consulate General of the U.S. in Toronto outlined changes to the E-1 and E-2 visa process. Toronto will continue to handle all E-1 and E-2 company registrations, as well as E visa interviews for employees of enterprises not previously registered and where the company registration has expired. Toronto, Ottawa, Vancouver, Calgary, and Montreal will offer …
The Seventh Circuit denied the petition for review, finding that substantial evidence supported the IJ’s finding that the petitioner committed marriage fraud, and thus, that he was ineligible for adjustment of status under INA §212(a)(6)(C)(i). The court also found that the IJ did not commit any legal or constitutional error in exercising discretion to deny adjustment of …
Approximately 30 percent of all PERM cases are audited, and half of those cases are denied. Thus, you should make sure the PERM is professionally prepared. https://cbocalbos.wordpress.com/tag/perm/ https://cbocalbos.wordpress.com/tag/lawful-permanent-resident/ https://cbocalbos.wordpress.com/tag/permanent-residency/ https://californiaimmigration.us/removal/cancellation-of-removal-for-people-in-immigration-court/
As of March 31, 2016, USCIS had receipted 13,998 beneficiaries towards the 33,000 cap for the second half of FY 2016. This count includes 7,066 approved and 6,932 pending beneficiaries. https://cbocalbos.wordpress.com/tag/h-2b-cap-count/ https://cbocalbos.wordpress.com/tag/h-2b-cap-count-for-fy2011/ https://cbocalbos.wordpress.com/tag/updated-fy2011-h-2b-cap-count/ https://californiaimmigration.us/uscis-updates-fy-2010-h-1b-and-h-2b-count-updated-81909/
The Ninth Circuit granted the petition for review and remanded to the BIA, holding that the petitioners could establish a legitimate reliance interest on pre-Briones law by showing that they incurred legal expenses pursuing adjustment of status during the 21-month period between Acosta v. Gonzales and Matter of Briones. Because the record did not reflect the amount of the expenses the …
DOJ’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently released a Technical Assistance Letter (TAL) with guidance on whether an employer may, consistent with the anti-discrimination provision in INA §274B(a)(1)(B), terminate U.S. workers and rely on contract workers with temporary work visas to perform the work previously done by the terminated U.S. workers. …
The Eighth Circuit denied the petition for review of the denial of the Tanzanian petitioner’s adjustment application, upholding the BIA’s finding that the petitioner intended to falsely represent himself as a U.S. citizen on his I-9 employment eligibility verification form. The court further found that this action constituted a non-waivable violation under INA §212(a)(6)(C)(ii)(I). In addition, the …
The Second Circuit denied the petition for review, holding that even though the New York law under which the petitioner was convicted for possession of child pornography lacks an interstate commerce element that is present in the analogous federal child pornography statute, the petitioner’s conviction qualified as an aggravated felony under the INA in light …
The Ninth Circuit held that the Flores settlement agreement applies to both minors who are accompanied and unaccompanied by their parents, and that the lower court correctly refused to amend the agreement to accommodate family detention. The court also found that the lower court erred in interpreting the agreement to provide an affirmative right to …