Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
In a class action habeas petition brought by noncitizens with criminal convictions subject to mandatory detention under INA §236(c), the Ninth Circuit affirmed the district court’s class certification order and preliminary injunction requiring the government to provide all class members with bond hearings under §236(a). The court held that, under the plain language of §236(c), …
On December 31, 2015, DHS published in the Federal Register a notice of proposed rulemaking concerning certain employment-based immigrant and nonimmigrant visa programs for high-skilled workers. The proposed rule would codify existing agency guidance on the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the American Competitiveness and Workforce Improvement Act of …
If you are petitioning to get an E-2 Employee, there might only be a 3 month, or 6 month or 1 year limitation. It will depend on the Consulate. Some might even go as far as 5 years. You might get some visitors from Immigration to make sure the business is real. Substantive changes must …
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 …
As noted on the newly created web pages for individual USCIS International Operations (USCIS IO) field offices, USCIS has confirmed that it will now permit biometrics to be collected abroad in certain “rare” and compelling circumstances. https://atomic-temporary-10880024.wpcomstaging.com/tag/biometrics/ https://atomic-temporary-10880024.wpcomstaging.com/tag/biometric-testing/ https://atomic-temporary-10880024.wpcomstaging.com/tag/biometric-verification/ https://californiaimmigration.us/ice-launches-secure-communities-in-two-more-ca-counties/
A scary fact: Approximately 30 percent of all PERM cases are audited, and half of those cases are denied. Therefore, make certain it is done right. https://cbocalbos.wordpress.com/tag/perm-audit/ https://cbocalbos.wordpress.com/tag/perm/ https://cbocalbos.wordpress.com/tag/lawful-permanent-resident/ https://californiaimmigration.us/tips-to-find-the-right-immigration-lawyer-in-los-angeles/
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. https://cbocalbos.wordpress.com/tag/porting/ https://cbocalbos.wordpress.com/tag/i140/ https://cbocalbos.wordpress.com/tag/derivative-beneficiary/ https://californiaimmigration.us/us-governmental-mandates-regulations-regarding-transporting-or-illegal-immigrants/
I-485 approved for clients’ whose case had been pending since 2006 because of the petitioner’s criminal record. In 2013, the case was erroneously denied by USCIS for failure to respond to a request for evidence and reopened by our office in 2014. USCIS then attempted to revoke the petitioner’s I-130 as a result of his …
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 …
Application for Cancellation of Removal granted for lawful permanent resident with nearly 30 years in the U.S. and a disabled daughter but with a conviction for possession of a controlled substance from 2006, an outstanding warrant for 10 years and an arrest for alien smuggling. https://cbocalbos.wordpress.com/tag/immigration-court/ https://cbocalbos.wordpress.com/tag/immigration-court-proceedings/ https://cbocalbos.wordpress.com/tag/representation-in-immigration-court/ https://californiaimmigration.us/removal/deportation-2/
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.
DHS published in the Federal Register a notice of proposed rulemaking concerning certain employment-based immigrant and nonimmigrant visa programs for high-skilled workers. The proposed rule would codify existing agency guidance on the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA). The rule …
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.
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 American Immigration Council, along with several co-counsel, has filed a class action lawsuit challenging USCIS’s failure to timely adjudicate applications for employment authorization documents (EADs) and to issue interim employment authorization.