Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
USCIS provided guidance on when to file an amended H-1B petition in response to the April 9, 2015, AAO precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s …
USCIS began accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status. USCIS published a revised Form I-765, Application for Employment Authorization, with an edition date of February 13, 2015, which contains the eligibility category (c)(26) for H-4 dependent spouses. While USCIS will continue …
An article in the Chicago Reporter states that of the nearly 1,500 cases of women with children seen in the Chicago Immigration Court this past year, less than 14% were represented by a lawyer, a figure that is less than half the national rate.
NBC News reports that over 30 rallies, marches, and events are taking place across the country today as part of a national day of action to push for the implementation of DAPA. Had the program not been temporarily enjoined, undocumented parents of U.S. citizens or LPRs could have begun applying for temporary deportation relief and …
Matter of A-R-C-G- is a great BIA case that shows that women who are victims of domestic violence outside the U.S. have a chance to escape their persecution by coming to the U.S. and applying for asylum based on persecution of a particular social group.
EOIR issued an interim rule with a request for comments amending the DOJ regulations relating to the Board of Immigration Appeals (BIA) by adding two Board member positions, expanding the BIA to 17 members. This rule is effective today. Comments must be submitted by August 3, 2015.
Several of the women being held in family detention in Karnes City, Texas, are pregnant. According to the article, the women stated that they learned about their pregnancies after being given a urine test soon after admission, and one of the women stated that she had not received any off-site medical care for her pregnancy.
The Fifth Circuit reversed the district court, holding that a judge’s statement at a guilty plea proceeding that deportation is “likely” does not foreclose a noncitizen defendant’s ability to demonstrate prejudice as a result of counsel’s failure to provide Padilla-required advice about the immigration consequences of the plea.
USCIS reopened the FY2015 H-2B cap today, and is now accepting petitions requesting new H-2B workers with an employment start date between April 1, 2015, and September 30, 2015. The agency explained that the number of H-2B visas actually issued by the State Department was less than the number of beneficiaries seeking consular notification that …
Green card application granted for client who is married to a US citizen but had a deportation order from 1995. Client had two motions to reopen denied by the Immigration Court and his appeal was denied by the BIA. However, once at the 9th Circuit Court of Appeal, the Department of Homeland Security agreed remand …
Provisional waiver granted for Client who entered the United States without inspection in 2001. Waiver was based on hardship to his U.S. citizen wife, who he recently married and with whom he has a U.S. citizen daughter.
Client’s case was denied by the Immigration Judge and the Board of Immigration Appeals and prior to retaining our office. Once retained, we filed an appeal with the 9th Circuit and were able to have her case administratively closed so that she could apply for her green card based on her marriage to a US …
2008 order of deportation reopened for Client who did not receive notice of his hearing.
Motion to expunge 2010 DUI conviction granted. Client can now apply for naturalization.
Waiver granted for client who entered the United States as the unmarried son of a U.S. citizen but was in fact married at the time. Client stays a lawful permanent resident and can now apply for his U.S. citizenship.