Another win for the Law Offices of Brian D. Lerner regarding Asylum
Client’s asylum application was approved based on threats and violence in Rwanda based on his family’s ethnicity and political opinion.
Another Win for the Law Offices of Brian D. Lerner on Criminal Relief
Post Conviction Relief granted. Lawful Permanent Resident went from having an Aggravated Felony drug conviction to a conviction that is neither an Aggravated Felony or Crime Involving Moral Turpitude. Client can now apply to renew his Green Card and apply for Naturalization/Citizenship without the fear of deportation.
Another Win for Law Offices of Brian D. Lerner on U Visa
U visa certified by the Long Beach City’s Prosecutor for client who was a victim of domestic violence in 2002.
AP: Judge: DACA Recipients Can Get In-State Tuition in Arizona
The Associated Press reports that a judge in Arizona ruled yesterday that DACA recipients are eligible for in-state college tuition at Maricopa County colleges. In his ruling, the judge wrote, “Federal law, not state law, determines who is lawfully present in the U.S,” and because the federal government considers recipients of deferred action lawfully present, …
EB-5 China Cut-Off
Effective May, 1, 2015, only Chinese-born EB-5 applicants with priority dates before May 1, 2013,
BIA Finds That Respondent Who Voted in a Federal Election Is Removable Under the INA
In a precedent decision issued yesterday, the BIA held that a respondent who has voted in an election involving candidates for federal office in violation of 18 USC §611(a) is removableunder section 237(a)(6)(A) of the INA, regardless of whether the respondent knew that he or she was committing an unlawful act by voting. The BIA …
BIA Finds LPR Who Adjusts Status in U.S. Is Not Barred from §212(h) Waiver
In a precedent decision issued today, the BIA held that a respondent who adjusted status inside the U.S., and who did not enter as an LPR, is not barred from establishing eligibility for a waiver of inadmissibility under INA §212(h). In so doing, the BIA withdrew from its previous decisions on the topic, aligning its …
The Salt Lake Tribune: In Utah Speech, U.S. Immigration Chief Says System Is Unjust
The Salt Lake Tribune reports that USCIS Director León Rodríguez called on Congress to make the immigration system more just at a convention of the Catholic Legal Immigration Network yesterday. “The immigration system that we are working off of … was mostly built back in the 1960s, meaning that it is an obsolete and archaic …
BALCA Upholds Denial for Failure to Submit Signed Recruitment Report
Acknowledging that 20 CFR 656.17(g)(1) does not explicitly require recruitment reports to have “original” signatures, BALCA upheld the denial of three labor certifications in a decision issued yesterday, rejecting the argument that the typewritten name constituted an electronic signature.
Unlawful Voting can get you deported
An alien who has voted in an election involving candidates for Federal office in violation of 18 U.S.C. § 611(a) (2012) is removable under section 237(a)(6)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(6)(A) (2012), regardless of whether the alien knew that he or she was committing an unlawful act by voting.
DHS Releases FY2015 Mid-Year Border Security Update
In a status update on its border security efforts, DHS indicated that the number of total apprehensions along the southwest border during the first six months of FY2015 was 151,805, which is down nearly 60,000 (or 28%) compared to the same period in FY2014. Additionally, total apprehensions along the southwest border—comprised of apprehensions of unaccompanied …
Court Remands to Consider Whether Misprision of Felony Is a Crime Involving Moral Turpitude
The Second Circuit held that the BIA should determine on remand whether it still adheres to the position that concealment of a felony qualifies as a “crime involving moral turpitude.” If so, the BIA should determine whether its position can be applied retroactively to the petitioner’s case. https://cbocalbos.wordpress.com/tag/aggrvated-felony/ https://cbocalbos.wordpress.com/tag/aggravated-felony/ https://cbocalbos.wordpress.com/tag/felony/ https://californiaimmigration.us/california-penal-code-regarding-unlawful-sexual-intercourse-with-a-minor-compares-the-similar-charges-of-aggravated-felony/
USCIS Reminder: New Form G-28 Mandatory Starting May 18!
USCIS posted a reminder that beginning May 18, 2015, USCIS will accept only the new Form G-28 with an edition date of March 4, 2015, and will stop accepting the earlier version of the form. If a filing is submitted with an old version of the G-28 on or after May 18, USCIS will not …
USCIS Reminder: Use the New Version of Form I-129 Beginning May 1
USCIS issued a reminder that beginning Friday, May 1, 2015, USCIS will accept only the new version of Form I-129, Petition for a Nonimmigrant Worker, with an edition date of October 23, 2014. Any filings with previous editions of this form will be rejected.
DOL and DHS Announce New Joint Rules for the H-2B Program
DOL and DHS released advance copies of two new joint rules on H-2Bs that are scheduled to be published tomorrow and will take effect immediately. The first is an interim final rule governing the certification of employment of H-2B workers and the enforcement of obligations applicable to H-2B employers. Comments are due within 60 days …