Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
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 …
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/