Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
The AAO sustained the appeal and withdrew the director’s decision, finding that the petitioner established by a preponderance of the evidence that the beneficiary’s duties as a chief operating officer were managerial. Specifically, the AAO noted that the beneficiary would be primarily engaged as a manager based on his supervision of subordinate managers and supervisors, …
The IJ granted withholding to a single Guatemalan woman and asylum to her two children, after giving de minimus weight to the record of sworn statement completed by CBP, which stated that the respondent was coming to the United States to work and had no fear of return. The court noted the long-standing phenomena repeated …
Immigration Reform is here and Dreamers can get a work permit and get to be here legally if they qualify. Brian Lerner states that Dreamers has been able to apply for DACA or Deferred Action for the last 2-3 years. However, with the new immigration reform for Dreamers, we now have an expanded DACA and …
The immigration reform expanded DACA and allows persons who meet various requirements to essentially get relief from deportation and removal from the United States, to be able to stay here legally and to get a 3 year work permit. Brian D. Lerner states it is one thing to qualify for immigration reform under DACA and …
The immigration Reform Executive Order by President Obama has a new kind of relief called DAPA. Brian Lerner states this will open up the doors for millions of people, but they must be notified if they qualify and they must do what is necessary to file the applications. As of now, it is ordered …
Fourteen states and four governors filed a complaint in the U.S. District Court for the Southern District of Texas seeking declaratory and injunctive relief, alleging that the Obama Administration’s executive actions on immigration violate the Constitution’s Take Care Clause and that DHS failed to follow the APA rule-making process before moving to implement the president’s …
The Ninth Circuit held that the petitioner’s conviction under Arizona Revised Statutes §13-2002 is a crime involving moral turpitude (CIMT) because the statute criminalizes conduct that constitutes fraud. The panel held that the exception in Beltran-Tirado to the clearly established rule that a fraud conviction is a CIMT did not apply to this offense, where …
USCIS released a new I-129 Form, Petition for a Nonimmigrant Worker, containing an edition date of October 23, 2014. After February 23, 2015, USCIS will only accept the October 23, 2014 edition. https://cbocalbos.wordpress.com/tag/form-i-129/ https://cbocalbos.wordpress.com/tag/form-i-129s/ https://cbocalbos.wordpress.com/tag/i-129/ https://californiaimmigration.us/immigration-judicial-review-of-denied-i-129-and-i-140/
The AAO sustained the appeal of an L-1A petition, finding that the beneficiary will be employed in a managerial capacity in his role as senior technical manager in transceiver engineering and that the beneficiary will assume the same position in the U.S. that he currently holds abroad. Courtesy of Clark Trevor. https://cbocalbos.wordpress.com/tag/aao/ https://cbocalbos.wordpress.com/tag/administrative-appeals-office-aao-2/ https://cbocalbos.wordpress.com/tag/administrative-appeals-office-aao/ https://californiaimmigration.us/aao-finds-occupation-of-%e2%80%9cmarket-research-analyst%e2%80%9d-does-not-require-specified-field-study-for-master%e2%80%99s-degree/
Brian D. Lerner states that the Presidential Memorandum on visa modernization deals with the immigration reform requirements for visa processing and employment based visas. On November 21, 2014, the President issued the Presidential Memorandum on “Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century.” In this memo, Brian Lerner states the President …
The Fourth Circuit granted the petition for review and remanded, finding that the 1996 stop-time rule under INA §240A(d)(1) had an impermissible retroactive effect on the petitioner’s 1995 credit card theft offense and that he could be eligible for cancellation of removal since he accumulated the seven years of continuous residence.
The Ninth Circuit held that the BIA erred in looking outside the record of the conviction to conclude that the petitioner was convicted of spousal abuse under California Penal Code §273.5(a) and remanded for the BIA to consider whether the petitioner is eligible for the petty offense exception under INA §212(a)(2)(A)(ii).
The New York Times writes that Judge David G. Campbell of Federal District Court issued a permanent injunction overturning Arizona’s ban on issuing driver’s licenses to DACA recipients, citing the “irreparable harm” caused by these young immigrants not being able to have a license under an executive order issued by former Governor Jan Brewer. https://cbocalbos.wordpress.com/tag/daca-2/ …
The Ninth Circuit declined to follow the BIA’s decision in Matter of Yauri, and held that the BIA’s sua sponte authority permits reopening to allow an arriving alien who is under a final order of removal to pursue an adjustment of status application before USCIS.
Politico reports that House Republican leaders are pitching a plan that would fund nearly all government agencies through next September except for DHS, which would only be funded until March. That vote is likely to come next week, Speaker John Boehner (R-Ohio) told lawmakers in a closed-door meeting this morning. DHS Secretary Johnson responded that …