Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
The Second Circuit held that the BIA’s decision declining to certify the petitioner’s untimely appeal of his removal order was a discretionary determination and, accordingly, was not subject to judicial review. Board of immigration appeals The IJ and BIA BIA Pro Bono project The Law Offices of Brian D. Lerner
Our client’s date of birth was incorrect on his naturalization certificate and passport and for years he unsuccessfully tried to correct this error with Immigration, the Department of State, the IRS and the Social Security Administration. When our office was retained, we filed a lawsuit against Immigration in federal court to force them to amend …
The Second Circuit vacated the judgment of the district court and remanded, holding that USCIS is required by the INA’s portability provisions to give pre-revocation notice to the beneficiary or to the successor employer that it is revoking an I-140 petition filed by a previous employer. I-140 not valid Employer petition I-140 form Immigration judicial …
The Ninth Circuit upheld the BIA, holding that 22 USC §7842, which states that a North Korean national “shall not be considered” a South Korean national for refugee and asylum purposes, does not preclude a finding under INA §208(b)(2)(A)(vi) and 8 CFR §208.15 that a North Korean has “firmly resettled” in South Korea. North Korea …
As a result of the FY2016 omnibus appropriations bill passed on December 18, 2015, thesupplemental fees for L-1 and H-1B petitions are increasing for companies that employ 50 or more employees in the United States and have more than 50 percent of their U.S. workforce in H-1B, L-1A, or L-1B nonimmigrant status. Specifically, the previously …
The Ninth Circuit denied the petition for review, finding that the government satisfied its burden to rebut the petitioner’s claim of citizenship by “clear, unequivocal, and convincing” evidence. In a divided decision, the en banc court affirmed the district court’s determination that the petitioner is not a United States citizen, and is thus deportable. Derivative …
Application for U.S. citizenship granted for client with a conviction for lewd acts which occurred 1 year after he received his green card. Naturalization ceremonies Apply for naturalization Delayed naturalization U.S military naturalization just got faster
Green card application approved for a Canadian client that is married to a USC citizen but needed a medical waiver because she refused her vaccinations based on moral/health grounds. Medical fraud Provision of medical care Medical waiver Got medical problems?
DOL released a Round 10 FAQ on the H-2A 2010 final rule providing guidance on corporate restructuring and “successor in interest” post-certification. Specifically, the FAQ addresses whether, under the H-2A regulations, the successor in interest can still use the certification issued. https://cbocalbos.wordpress.com/tag/department-of-labor-dol/ https://cbocalbos.wordpress.com/tag/dol/ https://cbocalbos.wordpress.com/tag/million-dollar-investment/ https://californiaimmigration.us/employment/perm/
The Ninth Circuit found that 8 CFR §1208.31(e), which prevents a noncitizen who is subject to a reinstated removal order from applying for asylum, is reasonable, and entitled to deference under Chevron. Accordingly, the court affirmed the BIA’s conclusion that it could not consider the petitioner’s application for asylum in light of his reinstated removal order. The court …
In a nonprecedent decision, the AAO granted the motion to reopen and remanded, finding that the applicant met all of the Lozada requirements, and satisfied his burden of showing that his delay in filing for Temporary Protected Status (TPS) was due to the ineffective assistance of an individual impersonating an attorney. https://cbocalbos.wordpress.com/tag/tps/ https://cbocalbos.wordpress.com/tag/temporary-protected-status-tps/ https://cbocalbos.wordpress.com/tag/extension-of-tps/ https://californiaimmigration.us/removal/deportation-defense-national-immigration-law-firm/
Beneficiary who marries a K-1 petitioner within 90 days after admission into the United States, but subsequently divorces, can still adjust status based on the original K-1 marriage, as long as an I-864 was filed by the petitioner, and the beneficiary can prove that the marriage was bona fide. The practice pointer explains when USCIS …
The Ninth Circuit granted the petition for review of the BIA’s precedent decision in Matter of Almanza-Arenas, which held that a conviction for vehicle theft under California Vehicle Code §10851(a) constitutes a crime involving moral turpitude (CIMT). The court remanded to the BIA, holding that, because the least of the acts criminalized under §10851(a) is a temporary taking, …
Today, DHS published in the Federal Register the final rule entitled “Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants,” which becomes effective on February 16, 2016. This DHS announcement outlines the changes the rule makes to DHS regulations affecting highly skilled nonimmigrant workers for specialty occupations from Chile, Singapore (H-1B1) and Australia (E-3); EB-1 immigrant outstanding professors and researchers; and nonimmigrant workers in the …
An equally divided en banc First Circuit affirmed the U.S. District Court for the District of Massachusetts, holding that the bar to bonded release found in the detention mandate in INA §236(c) applies only to those specified criminal undocumented immigrants whom the Attorney General took into custody when they were released from criminal custody. The court concluded …