Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
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 …
USCIS approved the statutory maximum of 10,000 petitions for U-1 nonimmigrant status for FY2016. This marks the seventh straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2009. For eligible petitioners who cannot be granted a U-1 visa solely because of the cap, USCIS will send a letter notifying …
The 2016 Consolidated Appropriations Act (Public Law 114-113), signed into law on December 18, 2015, contains several provisions in Division H, Title I impacting the Office of Foreign Labor Certification’s (OFLC) administration of the H-2B temporary nonagricultural visa program. https://cbocalbos.wordpress.com/tag/h-2b/ https://cbocalbos.wordpress.com/tag/h-2b-countries/ https://cbocalbos.wordpress.com/tag/h-2b-list/ https://californiaimmigration.us/visa-applications-h-1b-and-h-2b-specialty-and-temporary-employment-face-a-new-i129-form/
NBC News reports that after two years of petitioning the Library of Congress, a student group at Dartmouth College has successfully convinced administrators to stop using the terms “illegal” and “alien” in subject headings for literature about immigration and instead use the terms “unauthorized” and “non-citizen” when referring to undocumented immigrants. https://cbocalbos.wordpress.com/tag/illegal-aliens/ https://cbocalbos.wordpress.com/tag/illegal-alien/ https://cbocalbos.wordpress.com/tag/hiring-illegal-aliens/ https://californiaimmigration.us/removal/judicial-review/
Adjustment of status application approved for client with a USC son who last entered the United States on TPS/Parole and had convictions for domestic battery and disturbing the peace. https://cbocalbos.wordpress.com/tag/aos/ https://cbocalbos.wordpress.com/tag/petitioner-ineligible-for-aos-for-presenting-us-birth-certificate-and-continuous-physical-presenc/ https://cbocalbos.wordpress.com/tag/uscis-inventory-of-employment-based-aos-cases-pending-at-the-service-centers-and-field-offices/ https://californiaimmigration.us/family-petitions-to-immigrate-family-members/adjustment-of-status/
N-600, Certificate of Citizenship, approved for lawful permanent resident who was detained when returning to LAX and placed in removal proceedings because of several serious convictions. N-600 approved despite the fact that Client parent’s divorced with she was young and other issues with custody. https://cbocalbos.wordpress.com/tag/n-600/ https://cbocalbos.wordpress.com/tag/n-600k/ https://cbocalbos.wordpress.com/tag/certificate-of-citizenship/ https://californiaimmigration.us/wins/
After 8 years in court, cancellation of removal application granted for lawful permanent resident who had several DUIs, a harassment conviction and a grand theft auto conviction. https://cbocalbos.wordpress.com/tag/cancellation-of-removal/ https://cbocalbos.wordpress.com/tag/special-cancellation-of-removal/ https://cbocalbos.wordpress.com/tag/cr/ https://californiaimmigration.us/stepparent/
Adjustment of status granted without an interview for Client whose previous H-1B application was denied but who was now eligible for a green card based on his marriage and 21-year-old U.S. citizen step daughter. https://cbocalbos.wordpress.com/tag/aos/ https://cbocalbos.wordpress.com/tag/petitioner-ineligible-for-aos-for-presenting-us-birth-certificate-and-continuous-physical-presenc/ https://cbocalbos.wordpress.com/tag/uscis-inventory-of-employment-based-aos-cases-pending-at-the-service-centers-and-field-offices/ https://californiaimmigration.us/family-petitions-to-immigrate-family-members/sibling-petition-summary/
Naturalization Application/U.S. Citizenship approved for lawful permanent resident with a felony prescription fraud conviction. Client will become a U.S. citizen in time to vote in the coming presidential election and will no longer need to worry about long delays/secondary inspection when entering the United States. https://cbocalbos.wordpress.com/tag/naturalization/ https://cbocalbos.wordpress.com/tag/military-naturalization/ https://cbocalbos.wordpress.com/tag/naturalization-certificate/ https://californiaimmigration.us/political-asylum/refugee-processing/
Motion to reopen and adjustment of status/green card application granted for client with a marijuana conviction who entered the United States in 2002 with only a school ID. USCIS denied client’s application in 2014 finding that he failed to prove that he was properly admitted to the United States. Our office then filed a motion …
I-601A, Application for Provisional Unlawful Presence Waiver, approved for Client whose previous waiver was denied by USCIS. Application was resubmitted with additional evidence and the case was approved. Now Client can continue with his process to become a lawful permanent resident and reside legally in this country with his wife. https://cbocalbos.wordpress.com/tag/provisional-waiver/ https://cbocalbos.wordpress.com/tag/expanded-provisional-waiver/ https://cbocalbos.wordpress.com/tag/i-601a/ https://californiaimmigration.us/dont-know-if-you-were-deported-get-a-foia-from-a-los-angeles-deportation-lawyer/
Motion to Reopen granted for Client whose application for adjustment of status and fraud waiver were denied for making a false claim to citizenship. https://cbocalbos.wordpress.com/tag/motion-to-reopen/ https://cbocalbos.wordpress.com/tag/motion-to-reopen-attorney/ https://cbocalbos.wordpress.com/tag/joint-motion-to-reopen/ https://californiaimmigration.us/neufeld-memo-provides-guidance-regarding-surviving-spouses-of-deceased-u-s-citizens-and-their-children/